STATE OF RAJASTHAN Vs. SODHA

JUDGEMENT

(1.) This State appeal has been filed by the State of Rajasthan against the judgment and order dated 22.8.1989 passed by the learned Chief Judicial Magistrate, Barmer in Cr. Case No. 31/83 by which he acquitted the accused respondents of all the charges framed against them i.e. for the offence under Sections 147, 148, 323, 323/149, 324, 324/149 and 452 IPC.

(2.) The facts giving rise to this appeal, in short, are as follows:

(3.) In this appeal, it has been argued by the learned Public Prosecutor that it is wrong to say that statement of P.W.8 Dilwar is not corroborated by medical evidence, but on the contrary his statement gets corroboration not only from medical evidence but also from evidence of eye witnesses, Hence, the impugned judgment of the learned CJM suffers from basic infirmities and the same is liable to be set aside.