STATE OF RAJASTHAN Vs. NARAYAN AND ORS.

JUDGEMENT

(1.) THESE two appeals have been filed by the State against the judgment dated 05.08.1992 passed by the Additional Sessions Judge, Bhilwara (for short 'the trial court' hereinafter) in Sessions Case No. 3/1991, whereby the trial court has acquitted the accused -respondents from the offence punishable under section 302/34 IPC, however, convicted them for the offence punishable under section 304 Part -I/34 IPC and sentenced each of them to undergo 2 years' rigorous imprisonment and to pay a fine of Rs. 8000/ - each, in default of payment of fine, further to undergo 2 years' rigorous imprisonment.

(2.) THE State Government, in appeal No. 264/1995 filed under section 378 Cr.P.C., has prayed that the appeal may be allowed and judgment dated 05.08.1992 passed by the trial court acquitting the accused respondents for the offence punishable under section 302/34 IPC may be set aside and the accused -respondents may be convicted for the offence punishable under section 302/34 IPC and be sentenced accordingly.

(3.) BRIEF facts necessary for disposal of these appeals are that PW. 6 Imamuddin, the then constable submitted a written report dated 20.11.1990 vide Ex. P/10 to the Station House Officer, Police Station, Kareda, District Bhilwara stating therein that he along with PW. 10 Ummed Singh at about 11:30 A.M. proceeded to Jalampura from Police Station, Kareda and when they reached Jalampura at about 12:00 A.M., they received an information from an informant that dead body of Dhanna S/o. Narayan Balai is lying in the Pole (compound) of Heera S/o. Gheesa Balai's house, who was murdered by Narayan S/o. Heera, Barda S/o. Heera Balai, residents of Jalampura and other persons in the night. It is stated in the report that deceased Dhanna was assaulted by the accused -persons because he was taking Sita, wife of accused -Narayan to village Aamdala. In Ex. P/10, it is further stated that on receiving this information, PW. 6 Imamudin and PW. 10 Ummed Singh went to the house of Heera S/o. Gheesa Balai, where the door was closed and when they got it opened, they found that in right side of the compound of of Heera's house, a dead body of a young person was lying and his both legs and 'dhoti' were smeared with blood. It is also stated in the Ex. P/10 that when enquired from Heera about the incident, he informed that Dhanna tried to forcibly take away the wife of Narayan, therefore, Narayan, Vardha and others assaulted Dhanna, due to which he died.