STATE OF RAJASTHAN Vs. MANNA SINGH

JUDGEMENT

(1.) This criminal appeal is preferred by the State assailing the judgment dtd. 1/3/1990 passed by the Addl. Sessions Judge No.1, Sri Ganganagar (for short 'the trial court') in Sessions Case No.25/88 (64/87), whereby the accused respondents - Manna Singh, Baldev Singh, Pappi Singh, Mangi Singh, Dayal Singh, Tidda Singh and Sital Singh have been acquitted from the charges under Ss. 148, 302/149, 307/149, 326, 324, 323/149, 302, 325 IPC.

(2.) The trial court, after hearing counsel for the parties and analyzing the evidence produced by the prosecution, has acquitted the accused respondents from the charges levelled against them vide impugned judgment.

(3.) Learned Public Prosecutor has vehemently argued that the trial court has grossly erred in disbelieving the testimony of three eye witnesses namely Kaku Singh (PW-2), Mahendra Singh (PW-4) and Sarjeet Singh (PW-6). It is submitted that all the above-named witnesses were present when the accused respondents were assaulting deceased Buta Singh and Kaku Singh (PW-2). It is submitted that the weapons used in the incident were recovered at the instance of the accused persons and clothes of the accused persons smeared with blood of deceased Buta Singh were also recovered from some of the accused. It is argued that the trial court has disbelieved the testimony of Kaku Singh (PW-2), Mahendra Singh (PW-4) and Sarjeet Singh (PW-6) solely on the ground that there are contradictions in their deposition. Learned Public Prosecutor has further argued that the said contradictions are minor in nature and are liable to be ignored because all the eye witnesses have narrated the full incident and the defence has failed to shake their testimony. It is further submitted that the prosecution has produced cogent and reliable evidence to prove the guilt of the accused persons, but the trial court has disbelieved their testimony without giving strong and justifiable reasons. Learned Public Prosecutor, thus, prayed that the impugned judgment passed by the trial court may be set aside and the accused respondents be punished suitably for the charges levelled against them by the trial court.