MOHANLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal under Sec. 372 Cr.P.C. has been preferred by the appellant Mohanlal @ Mohan Ram for assailing the Judgment dtd. 12/12/2019 passed by the learned Additional Sessions Judge, Jodhpur District in Sessions Case No.4/2016 (23/2016) whereby, the respondents Nos.2 and 3 were acquitted from the charges punishable under Ss. 447, 427, 302/34 and 120B IPC and the respondents Nos.4 and 5 were acquitted from the charges punishable under Ss. 302/120B and 216 IPC.

(2.) At the outset, it may be noted that vide order dtd. 18/10/2021, the appellant's counsel was asked to address the Court on the issue as to whether the appellant can be treated to be the victim of this case. Shri Kumbhat, learned counsel representing the appellant, frankly conceded that Shri Mohanlal is not connected in any manner with the family of the deceased Champaram. He further submitted that the appellant Mohanlal has passed away and despite all efforts, no one from the family of the deceased Champaram has stepped forward to prosecute this appeal under Sec. 372 Cr.P.C. Despite that, we have considered the matter on merits.

(3.) The FIR No.97/2015 came to be lodged by the appellant Mohanlal with an allegation that the respondents accused accosted and surrounded Champaram on 8/8/2015 and started beating him indiscriminately by lathis due to which, Champaram fell down unconscious. The accused then drove an unnumbered Bolero Camper over Champaram and crushed him under. Champaram got seriously injured. He was taken to the Osian Hospital from where, he was referred to Jodhpur Hospital but expired on the way. After registration of the FIR, investigation was conducted and a charge-sheet came to be filed against the respondents Nos.2 to 5 for the offences mentioned above. The case was committed for trial to the Additional Sessions Sessions, Jodhpur District. Charges were framed against the accused respondents who pleaded not guilty and claimed trial. The prosecution examined as many as 23 witnesses and exhibited 49 documents to prove its case. The accused denied the allegations of the prosecution in their statements under Sec. 313 Cr.P.C., claimed to be innocent and examined one witness in defence.