DEVA Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) In this Criminal revision petition filed under Section 397 read with Section 401 Cr.P.C. the complainant Deva S.o Late Sh. Jiva Katara (Meena) is challenging the validity of the judgment dated 3.6.1999 passed in Sessions Case No. 101/1999 by the learned Sessions Judge, Dungarpur whereby the learned trial court acquitted the respondents nos. 2 to 6 from the charges levelled agisnt them under Section 148, 447, 302, 302/149, 323 and 325 IPC.

(2.) As per the facts of the case on 6.7.1998 at about 7.30 pm one Jiva submitted an FIR before Police Station Sadar, District Dungarpur alleging therein that today at about 4.00 pm in his agricultural field known as Khetanami Kuwa, one Khemraj and accused Laxman were cultivating the land. When complainant went in the agricultural field, he saw that accused Sega, Mukesh, Udai Singh, Harish, Smt. Naal and Nana ere plugging the field, at that time, complainant Jiva came back in his house and after taking Kamji, Shanker along with him came back in the agricultural field and raised objection not to cultivate the land. As per allegation in the complaint all the accused persons were having Lathi, Gupti,Sword and stone in their hands and they assaulted Kamji and Shanker, so also, the complainant and one of the witness Vishwakrishan, at that time, upon intervention by Amrit Lal and Vishwakrishan, they were stopped to inflict injuries. Upon aforesaid information, FIR under Section 147, 447, 323, 324 read with Section 149 IPC was registered at Police Station Sadar at 7.30 pm on 6.7.1998. During investigation, on 7.7.1998 the complainant Jiva died, therefore, Section 302 IPC was added.

(3.) After completion of investigation, challan was filed against the respondent no.2 to 6 in the court of Civil Judge (Jr.Div.)-cum-Judicial Magistrate, Dungarpur from where case was committed to the Sessions Court, Dungarpur for trial. In the trial, after framing charge against the respondents under Section 147, 447, 302, 302/149, 323 and 325 IPC, the learned trial court granted an opportunity to the prosecution to lead evidence.