STATE OF RAJASTHAN Vs. RAMSAWROOP

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Learned Sessions Judge, Kota vide its impugned judgment and order dated 27.02.1984 in Sessions Case No. 34/1983 acquitted all the three accused respondents namely Surajmal, Ramswaroop and Gopalal from the charge under Section 302 read with Section 34 IPC levelled against them. Being aggrieved with the same, the State has preferred this appeal after grant of leave to appeal against respondents.

(3.) Briefly stated the facts of the case are that on 5th March, 1983, P.W. 1 Bhawana lodged a written report at about 9.00 A.M. at Police Station Modak, District Kota that at about 6-6.30 A.M., Ramkaran(P.w. 8) son of Dhanna(P.W. 7) informed him that his brother Madan is lying in unconscious position near Railway Phatak and on this, he, his brother Mohan and his nephew Durga Shankar went there and they saw that Madan was lying there in unconscious position. Madan had sustained number of injuries on his person. Bleeding was coming from his nose, mouth and ear. He asked his brother Madan as to who have inflicted these injuries on his person. Madan told that Surajmal son of Motilal and his colleagues, Ramswaroop son of Kalulal and Gopalal son of Motilal gave beatings on his person. On the basis of this information, the Poilce registered a case under Section 307/34 IPC.