STATE OF RAJASTHAN Vs. DUNGARIYA AND ORS.

JUDGEMENT

(1.) This is a State appeal against the judgment and order dated 4.1.1982 passed by the learned Sessions Judge, Jalore by which he acquitted the accused Doongariya for the offence under Secs. 307, 307/34, 324, 324/34, 325/34 Penal Code and under Sec. 25 and 27 of the Indian Arms Act and other accused Samiya and Soojiya were also acquitted of all the charges framed against them.

(2.) It arises in the following circumstances :

(3.) On this report, the police registered a case and thereafter, investigation was started and PW 1 Keriya, PW 2 Gomal and PW 3 Shantiya and PW 4 Nathiya were got examined medically and challan was filed against the accused appellants. The accused Doongariya, Samiya and Soojiya were charged for the offence under Secs. 307, 324, 324/34, 325, 325/34 I.P.C. and apart from this charges under Secs. 25 and 27 were also framed against the accused Doongariya. The accused denied charges and claimed trial. The prosecution in support of its case produced as many as ten witnesses and got exhibited 33 documents. No witness has been examined in defence and eleven documents were got exhibited in defence. Thereafter, the learned Sessions Judge by his judgment and order dated 4.1.1982 acquitted all the three accused appellants of all the charges framed against them holding :