STATE OF RAJASTHAN Vs. MAHAVEER

JUDGEMENT

(1.) THIS appeal has been filed by the State of Rajasthan against the judgment and order dated 10. 4. 87 passed by the Learned Additional Sessions Judge, Nohar in Sessions Case No. 27/1986 by which he acquitted the accused respondents for offence under Sections 307/34, 325/34 and 323 I. P. C.

(2.) THIS appeal arises in the following circumstances: (i) On 17. 4. 86, in the hospital at Bhadra, P. W. 8 Mahaveer Prasad, SI recorded the statement of P. W. 1 Dharam Pal and the same is Ex. P/1 and P. W. 1 Dharam Pal narrated before him that his field was near to the field of accused respondent Deshraj and cattle of Deshraj used to damage their crop and for that the accused respondent Deshraj and another accused Mahaveer (son of accused respondent Deshraj) became aggrieved. On 16. 4. 86 in the evening, he heard cries "mare-Mare" of his father P. W. 5 Biru Ram near the house of P. W. 3 Amar Singh, then he went there and saw that accused respondent Desh Ram was armed with Jai and his son accused respondent Mahaveer was armed with lathi and both were beating his father P. W. 5 Biru Ram. Both the accused respondents caused injuries on his head. After hearing cries, P. W. 6 Ranjeet S/o Har Lal and P. W. 4 Ranjeet S/o Birbal came there and when they intervened, the accused respondent ran away. It was further stated that his father P. W. 5 Biru Ram became unconscious after receiving injuries and he got P. W. 5 Biru Ram admitted in the hospital in the night. Thereafter he went to his village back. He further stated that both the accused respondents had given beating to P. W. 5 Biru Ram with an intention to murder him. On that statement, P. W. 8 Mahaveer ordered for registration of the case. (ii) That statement Ex. P/1 was sent by P. W. 8 Mahaveer through messenger to the Police Station, Bhadra where P. W. 9 Prithvi Raj lodged a first information report and the same is Ex. P/7 and started investigation.

(3.) ON 4. 8. 86, the learned Additional Sessions Judge framed charges for offence under Sections 307/34, 325/34 and 323 I. P. C. against accused respondents, but both pleaded not guilty and claimed trial.