JUDGMENT

1. Vide this order above mentioned two appeals would be disposed of.

2. Accused-Fakre Aalam @ Khacchu had faced trial in FIR No.73 dated 30.04.2014 registered at Police Station Makbara, District Kota City under Sections 323, 327 and 307 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC'). Offence under Section 302 IPC was added after the death of victim Mohammad Kasam.

3. Prosecution story, in brief, is that on 30.04.2014 at about 3.30 p.m., Mohammad Kasam was sitting in his cloth shop. Accused came there and asked for Rs.20/- from Mohammad Kasam (father of the complainant) for purchase of liquor. When Mohammad Kasam refused to give money, then accused abused him. Then, accused left the shop after threatening the victim and then came with a knife and gave a blow with it to the victim. As a result, victim started bleeding and was removed to the hospital for treatment. However, victim succumbed to his injury on 15.05.2014.

4. After completion of investigation and necessary formalities, challan was presented against the accused.

5. Charges were framed against the accused under Sections 302 and 329 IPC and Section 4/25 of Arms Act, 1959 (hereinafter referred to as 'the Ac