STATE OF RAJASTHAN Vs. RATAN SINGH

JUDGEMENT

(1.) This criminal appeal has been preferred by State against the judgment of acquittal passed by learned Additional Sessions Judge, Raisinghnagar dated 24-8-1990 by which Ratan Singh, Amarjeet Singh, Deepa and Mahendra Kaur were acquitted from the charges of Ss. 304/34 and 323/34, I.P.C.

(2.) Briefly stated, First Information Report was lodged on 7-6-1988 at police station Raisinghnagar by Baljinder Singh to the effect that on 6-6-1988 at about 9.00 p.m. when he was taking his dinner and his mother Smt. Swaran Kaur was cooking meals and his father was taking rest, Ratan Singh came in presence of Smt. Ragi and Rajvinder. Ratan Singh was the uncle of complainant and was residing nearby. Smt. Mahendra Kaur, Amarjeet and Deepa had also come along with Ratan Singh. They started hurling abuses and asked as to why did they vote in favour of Hardev Singh to make him a Sarpanch. The Baljinder Singh's father replied that votes were cost according to their own will. Then all the four accused respondents became angry and Ratan Singh exhorted and said that Bachan Singh may be dragged and killed. Thereupon all the four accused-respondents entered into the house. Ratan Singh, Amarjeet and Deepa were armed with lathis while Mahendra Kaur was armed with a bala. They dragged Bachan Singh to their house. Then complainant and his mother following Bachan Singh reached there and found that the respondents were giving beatings to Bachan Singh. Bachan Singh, after receiving injuries, fell down and became unconscious. When Baljinder Singh and his mother wanted to rescue Ratan Singh, they were also given beatings. Ratan Singh gave blows of lathi on the arm of the complainant and Amarjeet Singh inflicted lathi blow on the arm of the mother of the complainant. Then Bachan Singh was rescued and taken to his house. After hearing noise Hardev Singh, Gurdeep Singh, Sukhdev Singh and other villagers came. It was also reported that there was a previous enmity because of partition of immovable agricultural property. Since Bachan Singh suffered serious injuries he was admitted in hospital and thereafter report was lodged. Police registered a case under Ss. 307, 452, 342, 323, I.P.C. and after investigation challan was submitted for offences under Ss. 302, 452, 342, 323/34, I.P.C. as Bachan Singh expired on 7-6-1988. Learned Sessions Judge, framed charges under Sections 304/34 and 323/34 against the respondents and tried them for the same as they had denied their indictment.

(3.) Defence of the accused-respondents was that the complainant party had itself gone to the house of accused-Ratan Singh where Ratan Singh and other family members were given beatings and the respondents accused persons had in their defence caused injuries to the complainant part. The complainant party was itself aggressor. Their further defence was that there was a previous enmity because of which they were attacked. The children of the family pelted pieces of bricks and that Bachan Singh fell on a hand-pump and suffered injury on head and foot. The defence further was that accused-Ratan Singh lodged report to police vide FIR No. 109/88. It is admitted case that Ratan Singh and Mahendra Kaur also suffered injuries which were proved by Dr. Om Prakash Arora. Ratan Singh had suffered grievous injury. This injury was dangerous to his life. The learned Sessions Judge did not find the evidence of the prosecution worth acceptance and believed the story of the defence and acquitted the accused-respondents.