STATE OF RAJ Vs. MAHESH KUMAR

JUDGEMENT

(1.) The State is aggrieved by the judgment dated 6.4.2009 passed by the Sessions Judge, Hanumangarh, whereby the learned Judge has acquitted the accused respondent, Mahesh Kumar for offences under Sections 148, 307, 327 read with Section 149 IPC.

(2.) The brief facts of the case are that on 12.6.2006, Bhim Singh, SHO Police Station, Goluwala, recorded the Parcha Bayaan of one Krishna Lal (P.W.4), in the P.B.M. Hospital at Bikaner. In his Parcha Baayan, Krishna Lal, informed the police that on 1.6.2004 around 8:30 8:45 P.M. when he was returning back to his house, after having taken his dog out for a walk, near the house of the Hanuman Das, he was attacked by Mahesh, Sita Ram, Doogar Das, Mohan Das and Hanuman Das. These persons were armed with Lathi and Gandasi (sharp edged weapon).

(3.) These persons assaulted him with lathi; when he fell down, Sita Ram, struck his head with sharp edged weapon which looked like a Gandasi. Due to the said injury, he fainted. On the basis of this Parcha Bayaan, a formal FIR, FIR No. 98/2004 was chalked out.