STATE OF RAJASTHAN Vs. BIHARI LAL

JUDGEMENT

(1.) The appellant - State of Rajasthan has preferred the instant Criminal Appeal aggrieved by the judgment and order dtd. 16/5/1998 passed by the learned Additional District and Sessions Judge, Chabra (Baran) whereby accused respondent has been acquitted for the offence under Ss. 302 and 336 of the Indian Penal Code (hereinafter referred to as "the IPC").

(2.) Succinctly stated the facts of the case are that Kunji Lal along with his brother - Ram Singh and injured Parmanand gave an oral report at Police Station, Cheepa Barod, District Baran on 27/11/1995 at about 11:00 pm and stated that at about 8:00 pm, he heard noise of hue and cry at the side of house of Bihari Lal. The said voice was of Bihari's wife, who was crying as 'set the fire - set the fire'. When he came out, then he saw that smoke was coming out from the house of Bihari Lal. It was also mentioned that he along with his wife - Mooli Bai and sister-in-law - Murti Bai called for bringing water. He and Gajanand climbed up the house and also poured water over the fire. His younger brother - Ram Dayal also came there and Bihari Lal also came there from the side of Tapari of Bhillon along with gun in his hand. Bihari abused Ram Dayal and also fired the gun on Ram Dayal. Ram Dayal fell down on the way whereas, all other persons hide in the house due to fear of fire from the gun.

(3.) It was stated in the report that he had seen the said incident and also saw Bihari Lal beating Ram Dayal from the wooden side of the gun and after death of Ram Dayal, he ran away from the site. It was also stated to the police that when he was on the way to the Police Station, he met Parmanand (PW-3), who also received pellet wound on his leg. On the basis of the oral statement of Kunji Lal, an FIR was chalked out and a case was registered bearing FIR No.48/1995 for the offence under Ss. 302 and 307 of IPC. After due investigation, police submitted charge-sheet against the accused respondent for the offence under Ss. 302, 324 of IPC and Sec. 27 of the Arms Act. The learned Trial Court framed charges against the accused respondent under Ss. 302 and 336 of IPC. Accused denied the charges and sought trial, upon which, 22 witnesses were examined and 21 documents were also exhibited on behalf of the prosecution. Explanation of the accused respondent was recorded under Sec. 313 Cr.P.C. In defence, 1 witness was produced as DW-1 - Jhamku Bai, wife of the accused respondent and 8 documents were also exhibited. The learned Trial Court after hearing the counsel for the parties have acquitted the accused respondent for the offence under Ss. 302 and 336 of IPC, aggrieved by which, the appellant - State has preferred the present appeal before this Court.