STATE OF RAJASTHAN Vs. UDAI LAL

JUDGEMENT

(1.) This Criminal Appeal under Sec. 378 (3) & (1) of the Code of Criminal Procedure has been preferred by the appellant- State laid a challenge to the judgment of acquittal dtd. 8/6/1999 passed by the learned Sessions Judge, Udaipur in Sessions Case No. 130/1999 (State of Rajasthan Vs. Udai Lal & Ors.), whereby the accused-respondents were acquitted of the offences under Ss. 148, 447 and 302 IPC and in alternative under Sec. 302/149 IPC.

(2.) The matter pertains to an incident which had occurred in the year 1998 and the present appeal has been pending since the year 1999.

(3.) Brief facts of the case, as placed before this Court by learned Public Prosecutor appearing on behalf of the appellant-State, are that an incident was reported on 7/11/1998 at about 5.45 PM at Nimri whereby the complainant Parasram reported that his father Khem Raj alongwith two labourer was cultivating an agricultural field. At that time, four residents of village Akodiya namely Udai Lal, Madhu Lal, Badri Lal and Nand Lal arrived at the location and attempted to divert a water drain to the fields belonging to the complainant's father. When Khemraj opposed this action, the accused persons allegedly assailed the father of the complainant using various agricultural instruments including spade, Khodi (small hand-held sickles), Daranti (sickle) and Lath (wooden stick).