STATE OF RAJASTHAN Vs. PURA

JUDGEMENT

(1.) ORDER :- This is an appeal by State against acquittal of the accused respondents who faced trial under Sections 304, 447, 323, IPC before learned Sessions Judge, Balotra. Leave to appeal was granted on 31-1-1985 by this Court.

(2.) Briefly stated, the facts of the case are that on 25-12-1983 Chhattar Singh lodged a report at Police Station Shiv District Barmer alleging that when he was working at his field accused respondents Pura, Veerma and Bhoja came armed with lathis on 25-12-1983 at 6.00 p.m. They abused him and then Bhoja gave lathi blow to Chhattar Singh. Chhattar Singh fell down. Then two other accused persons gave him lathi blows. The injured made hue and cry. Then Nakhta Ram and Bheema Ram came to his rescue. Nakhta Ram was also beaten by lathis. On lodging this report at 7.30 p.m. case under Sections 447, 323, IPC was registered. Later on condition of Nakhta Ram became precarious and he was referred to Ahmedabad Hospital where he died. Then the case was converted to Section 302, IPC. However, after investigation police submitted challan under Sections 447, 304 and 323, IPC. Accused respondents faced trial before learned Sessions Judge, Balotra for offences under Sections 447, 304 and 323, IPC where they denied charges. Prosecution examined as many as 13 witnesses in support of its case. Accused respondents were examined under Section 313, Cr. P.C. They also examined three witnesses in their defence. Learned Sessions Judge, vide his judgment dated 2-8-1984, acquitted the accused respondents as stated above.

(3.) I have heard learned Public Prosecutor as well as learned counsel for the accused respondents at length and have gone through the record.