STATE OF RAJASTHAN Vs. GANGASAHAY

JUDGEMENT

(1.) Heard learned Counsel for the appellant and examined the impugned judgment as well as record of the trial court.

(2.) This appeal on behalf of the State of Rajasthan Under Section 378 Cr.P.C. is directed against the impugned judgment and order dated 11.9.1980 passed by the Additional Sessions Judge No. 1, Alwar, in Sessions Case No. 6/80 whereby the learned trial court acquitted all the nine accused respondents from the charges levelled against them.

(3.) Briefly stated the facts of the case are that PW 1 Babu Singh lodged a report at Police Station Tehla, District Alwar, on 2.11.79 in respect of alleged murder of Prabhu Singh wherein it was alleged that on 1.11.79 at about 6-7 PM two persons of Prabhu Singh came and informed that dead body of Prabhu Singh is lying in the forest of Kutuka. He went at the spot and there it was told by Moti Singh that at about 6-7 PM, they heard some voice about beating, then he, Hakim Singh and Gulab Singh went there and saw that Prabhu Singh was being killed. Accused Mulya, Bobdia, Gangasahay, Ganganath, Surjiya, simbhu and Kajod R/o Kutuki, had sword, Kulhari etc. On the basis of above report, the police registered a case Under Section 302, 147, 148 and 149 IPC and commenced investigation. A postmortem was conducted on the dead body and the postmortem report was prepared which was exhibited as Ex. P 2. The accused persons were arrested and as per information of five accused persons, the weapons were recovered. After completion of investigation, the police submitted a charge-sheet against the accused persons, who were committed for trial to the court of Sessions Judge, who transferred the case for trial to the court of Additional Sessions Judge No. 1, Alwar. The trial court framed charge against the accused respondents for the offence Under Section 147, 148, 302 and 302/34 IPC. The accused persons denied the charge and claimed to be tried. In support of the case, the prosecution examined PW 1 Babu Singh, PW 2 Dr. K.C. Nagpal, PW 3 Moti Singh, PW 4 Gulab Singh, PW 5 Ram Chander, PW 6 Hakim Singh, PW 7 Gokal Singh, PW 8 Kishanlal and PW 9 Ramhet and produced 30 documents - Ex P 1 to Ex. P 30. Thereafter, the statements of accused persons were recorded Under Section 313 Cr.P.C. wherein they showed their innocence and that they have been falsely implicated in the case due to enmity. The defence examined the statements of DW 1 Ram Ratan and DW 2 Ramsi. The learned trial court after considering the evidence on record and hearing the parties, acquitted all the accused persons from all the charges on the ground that the prosecution has failed to prove the charges against them beyond all reasonable doubts. Being aggrieved with the same, the present appeal has been filed after grant of leave to appeal by this Court.