STATE OF RAJESTHAN Vs. LAXMANSINGH AND THREE ORS.

JUDGEMENT

(1.) THE respondents were acquitted by the learned Sessions Judge, Alwar of the offences Under Sections 302 and 302/34 I.P.C., by the judgment dated 27 -3 -73.

(2.) GAGRU P.W. 2 lodged a report at the Police Station Kishangarh on 25 -11 -72 at about 11 A.M. to the effect that his 'Sarson' Crop was standing in his field Pipalwala. On 24 -11 -72 he was informed by Roozdar P.W. 3 in the morning that his 'Sarson' crop has been uprooted and removed by the accused Laxmansingh. On this information he visited his field and found that his Sarson crop has teen uprooted and saw that foot prints were proceeding towards the field of Laxmansingh. He went to the village and there from visited the field of Laxmansingh along with Prem since deceased, Ramjilal, Banshilal P.W. 1 and Chhagan Singh. They found the uprooted crop covered with 'Kadvi' (Cattle fodder). Gagru demanded the return of the crop, but Laxmansingh resisted and there upon, according to Gagru, Laxmansingh Indersingh Bundisingh and Mst. Jeetu Bai responcents pounced upon his son Prem and inflicted lathi blows on him. The lathis had iron shods. A case under Section 379 I.P.C. was registered by the S.H.O. and the investigation was handed over to the Heed Constable Radheshyam. Radhey Shyam P.W. 6 then visited the spot and prepared the site plans and site motes Ex. P. 6 and Ex.P. 7. The accused persons were arrested. The 'Sarson' crop was seized from the field vide Ex.P. 12. The injured Prem was medically examined on 25 -11 -72. The injured died on 27 -11 -72, at 6.10 p.m. Thereupon the case was concerted under Section 302 I.P.C. Autopsy was conducted on the dead body on 28 -11 -72. Dr. P.S. Vijjan P.W. 8 on 25 -11 -72 found the following injuries on the person of Prem:

(3.) IN his opinion Prem died due to multiple skull fractures and intra -cranial haemorrhage. After completion of the investigation challan was pat up and the trial was conducted by the learned Sessions Judge, Alwar for the offences Under Sections 302 and 302/34 I.P.C.