STATE OF RAJASTHAN Vs. JHAMOLI

JUDGEMENT

(1.) Heard learned Counsel for parties.

(2.) The State of Rajasthan has preferred this appeal challenging the order of acquittal of respondent passed by Sessions Judge, Bharatpur in Sessions Case No.65/1981 from the charges under Sections 147, 148, 302, 302/149, 307, 307/149 IPC.

(3.) Briefly stated the facts of the case are that FIR No.317/80 (Ex.P23) was registered at Police Station, Bayana, District Bharatpur on 23rd Oct., 1980 at about 6.30 PM on the basis of Parcha Bayan (Ex.18) of PW-9 Gayalal, wherein it was alleged that Mst.Mohno had married to Mukhtar and after death of Mukhtar, she re-married with Tikam, elder brother of Mukhtar. However, Tikam also expired. Thereafter, she was living with her parents. It was alleged that being elder brother of Tikam, Bheem had agreed to marry Mst.Mohno with Gayalal and took Rs. 20,000.00. However, father of Mst.Mohno refused to send Mst.Mohno with Gayalal. It was further alleged that number of persons from the other side came and attacked on their party. It was further alleged that a gun shot injury was inflicted upon him by Maharaj and accused Jhamoli inflicted a gun shot injury on the person of Sujan. Initially a case under Sections 147, 148, 149 & 307 Penal Code was registered, but Sujan succumbed to injuries and the case was converted to offence under Sec. 302 IPC.