RAM SWAROOP Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) Heard the learned Counsel for the appellant and learned Public Prosecutor and the learned Counsel for the respondent No. 2

(2.) This Appeal has been filed by the complainant to challenge the validity of the judgment dated 11.7.2013 passed by the learned Special Judge (SC/ST Act Cases). Sri Ganganagar ( hereinafter referred to as the learned Trial Court for short) in Sessions Case No. 95/2012 to the extent of acquittal of the respondent No. 2 herein Arjun Ram for the offences under Sections 147, 148 341, 302/149 323 and 326/149 of I.P.C. and under Sections 3(1)(x) and 3(2)(v) of SC/ST Act.

(3.) As per brief fact of the case, the complainant-appellant lodged a written report (Ex.P-41) at 10.30 P.M. on 3.9.2012 at Police Station Padampur, District Sri Ganganagar in which it is alleged that prior to 10 days from the date of incident, some hot discussions took place in between Mahendra S/o Brijlal and Shilendra, Sunil S/o Sultanram and his son Sandeep in connection with standing motorcycle in front of house and due to that quarrel and incident occurred on 3.9.2012 at about 6.00 P.M. when accused Mahendra Tarad, Shanker Tarad came to house of complainant and used abusive language about caste, upon which quarrel took place in between them. Thereafter, the accused party left the place after giving threat to come back to give lesson. According to the complainant-appellant all the accused came back in white colour jeep at about 7.15 P.M. with Lathis, sword and pistol. At that time Shailendra and Sultanram were sitting near bus stand. At that time, Shailendra and Sultanram tried to run sway from that place, but the accused Mahendra and Hanuman caught hold him and asked Shanker Lal to shoot him by fire arm. Upon insisting, Shanker Lal fired by country made pistol as a result of which, Shailendra received fire arm injury and fell down and rest of the accused gave lathi blows on him. On hearing noise of quarrel, the complainant and his son Sandeep Kumar nephew Sunil Kumar and his brother Sultan Ram intervened, but they were also assaulted by the accused jarty and in the incident, Sandeep Kumar, Sultanram and Sunil Kumar received serious injuries. The injured Shailendra Kumar brought to the hospital in in conscious condition where he was declared dead by the doctor. The other injured persons Sandeep Kumar and Sunil Kumar nephew of complainant party were admitted in the hospital for treatment.