STATE OF RAJASTHAN Vs. GULAB SINGH

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This appeal, on behalf of State of Rajasthan, after grant of leave to appeal, is directed against the impugned judgment and order dated 29th November, 1982 passed by Additional Sessions Judge, Bharatpur in Sessions Case No. 1/1981(126/1981), whereby the learned trial Court acquitted the accused respondents, namely; Gulab Singh and Chandan Singh from the charges under Sections 147 and 302 IPC and remaining accused respondents, namely; Amarchand, Chandrabhan, Dataram, Ramchandra, Dharam Singh and Deshraj from the charges under Sections 148 and 302 read with 149 IPC.

(3.) Briefly stated the facts of the appeal are that P.W.3, Devi Singh, brother of deceased Sahab Singh lodged a written report, Exhibit P-10 on 06th September, 1981 at Police Station Kotwali, Bharatpur alleging that on 05th September, 1981 at about 6.30 p.m., when his brother Sahab Singh was going to factory on duty from his house, the accused persons inflicted injuries on his person by Farsa and knives which resulted in his death. On the basis of this written report, FIR No. 562/1981 was registered under Section 302 IPC. The Police started investigation and arrested the accused persons. After completion of investigation, the Police filed charge sheet against all the accused-respondents. The trial Court framed charges against the accused Gulab Singh and Chandan Singh for offences under Sections 147 and 302 IPC and against remaining six accused persons for offences under Sections 148 and 302 read with 149 IPC. The accused persons denied the charges and claimed trial. The prosecution examined eight witnesses and produced documentary evidence Exhibit P-l to Exhibit P-31. Thereafter statements of the accused persons under Section 313 Cr.P.C. were recorded wherein they stated that they have been falsely implicated in the case. No witness was examined in defence, however, 7 documents i.e. Exhibit D-l to Exhibit D-7 were exhibited on their behalf. Learned trial Court after considering the submissions of both the parties and examining the record, acquitted the accused respondents from the charges framed against them.