STATE OF RAJASTHAN Vs. RAM SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment dated June 30, 1976, passed by the learned Sessions Judge, Pali, by which the learned Sessions Judge, Pali, acquitted the accused- respondents.

(2.) Accused-respondent Ram Singh was tried by the learned Sessions Judge for the offence under Section 307 I.P.C. while the accused respondent Sawai Singh was tried for the offences punishable under Sections 307/34, 325 and 328 I.P.C.

(3.) The prosecution, in support of its case, examined ten witnesses and the accused-respondents, in supp on of their defence, examined D.W. 1 Sher Singh. The case of the prosecution rests merely on the evidence of three eye witnesses, namely, P. W. 2 Pukhiya, P.W. 3 Jabbar Singh and P.W.4 Khiv Singh (injured), which is sought to be corroborated by the evidence of P.W. 1 Dr. N.S. Sankhla who examined the injured Khiv Singh. P.W.5 is Sher Singh, who is the brother of the injured Khiv Singh and lodged the First Information Repon Ex. P.7. P.W. 6 Galiya, P.W. 7 Chhoga Ram and P.W. 8 Sohan Singh are the persons, whose evidence is produced by the prosecution to corroborate the prosecutors case. After receiving the information that Khiv Singh is lying injured and was in unconscious condition in the field, they went to the field and brought him to the village and thereafter took him to the hospital. P.W. 9 is Surya Narain, Station House Officer, Police Station, Guda, who conducted the investigation and handed-over the same to P. W. 10 Suraj Prakash.