STATE OF RAJASTHAN Vs. ISHWAR

JUDGEMENT

(1.) Respondents had faced trial in FIR No.22 dated 15.01.2013 registered at Police Station Pidawa under Sections (hereinafter referred to as ' IPC ') along with their co-accused Gopal and Govind @ Govinda.

(2.) Trial court vide judgment dated 18.09.2018 has ordered the acquittal of the respondents and co-accused were convicted and sentenced qua offence punishable under Sections 302 / 34 , 341 and 427 IPC. Hence, the present application for leave to appeal by the State.

(3.) Prosecution case was set in motion on the basis of complaint lodged by the complainant Mohan Lal, PW-2 (brother of the deceased). As per the FIR, on 14.01.2013 Govind @ Govinda, Gopal and Ghisu Lal had come to the house of the complainant and had abused them. In this regard, a report was lodged at the Police Station. Police had come to the spot and Govind @ Govinda and Gopal managed to escape, whereas Ghisu Lal was taken away by the Police. On 15.01.2013 at about 12:00 noon, Rodu Lal had gone for grazing cattle and while he was returning home, he was beaten by Govind @ Govinda, Gopal and Ishwar. Govind @ Govinda gave a stick blow on the head of Rodu Lal and as a result he fell down. Moti Lal and Purshottam came to the spot and on seeing them, accused fled away from the spot.