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1993 Supreme(Raj) 602

M.B.SHARMA, M.R.CALLA
Nadan and Meda – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. - Two accused-appellants are sons of Umarao, who is the real brother of Bodan PW/1. Umarao, Bodan and two other brothers were having a joint well in village Rajgarh Police Station Rajgarh. Many cases were pending in between the accused-appellants on the one hand and Bodan on the other As per the case of the prosecution, on 12th July, 1990 at 8:00 or 8:30 A.M. Bodan had sent his son Kailash in search of she-buffalo. When he did not return for some time, it is alleged, Bodan PW/1 went in his search towards the well and there he saw that accused appellant Nadan and Meda were giving beating to him with lathi and knife. Nadan was having knife in his hand and Meda lathi. Each of them gave blows with the respective weapon to the deceased Kailash Bodan PW/1 raised an alarm. On hearing it, his wife-mother of the deceased Kailash namely Sarsa PW/2 also came on the spot. Accused persons are said to have made good the escape. Bodan PW/1 immediately went to the village and from a public booth gave a telephonic message to the police Station, Tehla, tehsil Alwar The said report was written at No 350. at 9:40 A.M. in the general diary. The SHO reached the spat and Parcha Bayan of Bodan
















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