STATE OF RAJASTHAN Vs. MAHENDRA SINGH & ORS.

JUDGEMENT

(1.) This is an appeal by State against acquittal of accused respondents Mahendra Singh, Moda, Heera and Prabhuda from the charges of Secs. 147, 332, 353/149 IPC.

(2.) Briefly stated, first information report was lodged by Lehra Ram at police station Jalore on 4.11.1984 at 6.00 PM. to the effect that at 9.00 A.M. he alongwith other labourers of the Rajasthan State Electricity Board went at the well of Choudhary Jaipa son of Meghji and Patiya son of Rajaji at Balwada to repair the LT Line where they spread out the wires. As soon as they started work, Shaitan Singh, Manohar Singh. Modiya, Prabhuram and Heera came with lathis and started abusing Lehra Ram as well as other workers. Shaitan Singh and Manohar Singh inflicted lathi blow on Lehra Ram, Modiya caught hold of him and Prabhu and Heera ran after other workers. In the meantime Bhaga Ram, Bhoma Ram and some other persons Patiya and Jaipaji came there and rescued the labourers. The police registered a case under various sections of the Indian Penal Code and after investigation submitted challan before the Magistrate having jurisdiction. During trial Shaitan Singh died and rest of the accused respondents faced, trial for offences under Sec. 147, 353, 332 read with 149 IPC. When charges were read over and explained to them they denied their indictment and claimed trial. Thereupon prosecution examined as many as nine witnesses to prove its case. Then the accused respondents were examined under Sec. 313 Crimial P.C. They did not produce any witness in defence. Learned Magistrate, after hearing both the parties, acquitted the accused respondents as stated above. Hence this appeal.

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