STATE OF RAJASTHAN Vs. SARDARA

JUDGEMENT

(1.) THE respondents were tried for the offences under Sections 148, 342/149 and 452, Indian Penal Code by the Additional Sessions Judge, Sirohi, who by his judgment dated May 25, 1970 acquitted all the five respondents of the charges levelled against them. Dissatisfied with the judgment of acquittal the State of Rajas than has preferred this appeal.

(2.) BRIEFLY stated the facts of the case leading to the trial of the respondents are under: The thrashing -floor belonging to Achla (p.w.9), at village noza Navakheda was being used by the deceased Amar Singh. In the year of occurrence, that is, 1967, Achla gave that thrashing floor to respondent Sardara for 'lata' and this led to bad blood between Amar Singh and Sardara as a result of which on March 12, 1967 at about sun -set the five respondents armed with 'Dharia, Chhuris' and sword left for the house of Amarsingh deceased. On the way, they met Bhoor Singh (p.w.2), outside his house. Considering him to be an associate of Amar Singh, the respondents gave a beating to him and caused injuries on his person. Then they entered the house of Amar Singh, who was at that time lying on a cot in his 'Dhalia' Sona caught hold of Amarsingh and the remaining respondents caused injuries to him with the weapons, they had. Amarsingh fell down on the ground, Kishore Singh alias Kesharsingh (p.w.3) nephew of Amarsingh, who was tying the cattle in the nearby 'Bada' rushed to the scene of occurrence. On hearing the cry of 'Mare -re -Mare -re' Jhunja (p.w.3), who was passing by the way went to the spot and witnessed the occurrence. Jhunja's outcry arrested Jodha (PW 5), who was also passing outside the house. Jodha also went inside the house. The five respondents then took to heels. Kishore Singh was sent to the feld of Chhatar Singh to call the latter. Chattar Singh was not available there. Kishore Singh informed Padamsingh, brother of Chhatarsingh, about the incident. Padamsingh (PW 8) took Isarsingh (PW 1) and one Lumba, who were working, at the field of Chhatar Singh and all of them went to the house of Amarsingh, where he was lying in an injured condition. Being interrogated by Padamsingh, Amarsingh narrated the incident and asked him to take him to the hospital immediately. Isarsingh, Padamsingh and Lumba took Amar Singh to Takhatgarh hospital and got him admitted there, Isar Singh went to the police station, Takhatgarh and lodged an oral report, which was reduced to writing by Kasheo Lal, Head Constable (PW 15). The same is Ex P. 1. Kasheo Lal went to the hospital and recorded the statement of Amar Singh, which is Ex P. 7. Amar Singh died at about 5.30 A.M on March 13, 1967 in the hospital. Dr. Ashok P. Ram Chandani (PW 18) conducted the autopsy over the dead body at 8.30 A.M. on March 13, 1967. Multiple Injuries were found on the body of Amar Singh. In the opinion of the Doctor the death was caused due to bard and sharp weapon causing out wounds on the chest and abdominal waive, lungs, spleen, heart and stomach leading to severe haemorrhage, shock and death. He prepared post -mortem examination report Ex. P. 27.

(3.) ACCORDING to the doctor the duration of injuries was 36 to 48 hours at the time of examination and all the injuries could be caused by a blunt object or by a fall or dragging on hard floor. The injury report of Bhoor Singh is Ex. P. 28.