SOHIT KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant complainant Sohit Kumar has approached this Court by way of this appeal under Sec. 372 Cr.P.C. seeking to assail the Judgment dtd. 28/1/2021 passed by the learned Sessions Judge, Banswara in Sessions Case No.184/2017 (State vs. Ramesh and Ors.) whereby, the respondent No.2 Pankaj @ Pinkesh was acquitted from the offences punishable under Ss. 302/34 and 460 of the IPC.

(2.) Brief facts relevant and essential for disposal of the appeal are noted herein below:

(3.) The appellant complainant Sohit Kumar (PW-3) lodged a written report (Ex.P/3) at the Police Station Kotwali Banswara on 4/9/2017 alleging inter alia that his agricultural land was located in the village Thikariya. His vehicles were parked there. The complainant's maternal uncle Laxman Singh (the deceased) used to stay there to guard the property. Two days earlier, the complainant's maternal aunt Saju Devi also came and started living with her husband Shri Laxman Singh. On 3/9/2017, in the night at about 11 O' Clock, Gopal, Ravji and others came to the appellant's house in Khanda Colony after having worked in the field. At about 11.17 pm., the complainant got a call from the mobile of her maternal aunt Saju Devi (No.8854971075) who informed the complainant that some thieves had beaten Shri Laxman Singh Ji up and that he was bleeding from the head. The complainant rushed to his field and saw Laxman Singh lying on the ground and he was profusely bleeding from the head and had expired. His aunt told him that she was sleeping inside the house whereas Laxman Singh was sleeping outside. On hearing some commotion from outside, she opened the door and saw two men assaulting Shri Laxman Singh with lathis and other weapons. She stepped out with a stick and on seeing her, the assailants escaped.