STATE OF RAJASTHAN Vs. SEEMA

JUDGEMENT

(1.) To challenge the judgment dtd. 3/1/2013 passed in Sessions Case No.23 of 2009, the State of Rajasthan has filed this acquittal appeal under Sec. 378 of the Code of Criminal Procedure.

(2.) The case of the prosecution is narrated by Mohd. Hussain in the Parcha Bayan dtd. 1/4/2009. According to the informant, his younger brother Naseeb was married to Ashiya in the family of Kalu Khan at Naseerabad. On the date of the incident, the accused persons arrived at the house of the informant in the dead of the night and inquired about Ashiya who at that time was sleeping in the power house. This is also stated by the informant in the Parcha Bayan that his parents, wife and sister were sleeping in a room at the power house. At around 2:00 am in the intervening night of 31st March/1/4/2009, the accused persons armed with lathi (lakkadiya) and Kundale came there and started assaulting the parents of the informant. On hearing halla, when his brother Naseeb came there he was also assaulted by the accused persons. The informant further stated that when his neighbours, namely, Lala Ram Mali and Tulcha Ram came there the accused persons fled away on a Maruti van. On the basis of the statement given by Mohd. Hussain, a crime was registered vide F.I.R. No.64/2009 under Sec. 143, 451, 323 and 149 of the Indian Penal Code. Three days after the occurrence, Smt. Barkat Bai died and therefore the offences under Sec. 324, 325, 307, 460 and 302 of the Indian Penal Code were added in the report.

(3.) While the case was pending, Kalu Khan passed away on 5/3/2010 and Lala Ram also died on 21/12/2010 and accordingly the prosecution against Kalu Khan and Lala Ram was closed.