STATE OF RAJASTHAN Vs. TILOK RAM

JUDGEMENT

(1.) This criminal appeal is filed by the State challenging the judgment dtd. 22/2/1992 passed by the Additional Sessions Judge, Nagaur (for short 'the trial court') in Sessions Case No.02/89, whereby the respondents have been acquitted from the offence punishable under Ss. 302 and 302/34 IPC while holding that the prosecution has failed to prove the aforesaid charges against the respondents beyond reasonable doubt.

(2.) Brief facts of the case are that the complainant ' Roopa Ram S/o Ram Sukh (P.W.-9) resident of village Senani, District Nagaur gave an oral information on 25/4/1988 at 3:40 AM at Police Station Bhawanda, District Nagaur stating therein that on 24/4/1988, at around 8:00 AM, he proceeded towards village Dhyawa for some domestic work from his house and Sipudi, Situdi, Sugnai, Mandki, his son Tejaram and grand-sons Mahadev and Sehdev were at his house. At around 11:00 AM, when he was coming towards village Senani from village Dhyawa, his grand sons Mahadev and Sehdev approached him and informed that his son Tejaram had been killed by Aidan and his family members. He immediately returned to his house, where his wife informed him that around 9:00 AM, when deceased ' Tejaram proceeded towards the house of Bhaguram Kumhar, then Aidan and his family members attacked him in front of their house and brutally assaulted him, which resulted into his death. It is also stated by complainant Rooparam that his wife Sipudi as well as Situdi and Sugnai have witnessed the assault on deceased Tejaram.

(3.) On the basis of the said oral report, the police registered an FIR No.6/88 (Exhibit-P/2) for the offences punishable under Ss. 147, 148, 149, 323 and 302 IPC against seven persons, however, after investigation, the police filed charge-sheet against the respondents ' Tilokaram, Ramchandra, Mohini and Gularam for the offences punishable under Ss. 302 and 302/34 IPC. The trial court has framed charges against the accused respondents for the aforesaid offences.