G S RATHORE Vs. PUBLIC PROSECUTOR

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 u/s 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.) The submission of the learned counsel for the State is that this is the case wherein there were four eye witnesses, namely; Moti singh (PW 3), Gulab Singh (PW 4), Hakim Singh (PW 6) and Gokal Singh (PW 7) who consistently stated before the court that accused persons were giving beating upon the person of deceased. Accused Bobadia inflicted a blow by Barchhi on the head of deceased Prabhu Singh. Accused Simbhu inflicted a blow by Barchhi on the neck of deceased. Other accused persons also inflicted injuries on the person of deceased. He further contended that there was no contradiction in the statements of the eye witnesses and the trial court committed an illegality in acquitting the accused respondents. He also referred the statements of prosecution witnesses including the statement of PW 9 Ramhet, Investigating Officer. He also contended that the recovery of weapons were also made, therefore, there was corroboration of statements of eye witnesses but the trial court wrongly acquitted the accused respondents, He, therefore, prayed that the order of the trial court be set aside and the respondents be convicted and sentenced for the charges levelled against them.