STATE OF RAJASTHAN Vs. GOVIND SINGH AND ORS.

JUDGEMENT

(1.) THIS appeal has been filed by the State against the judgment dated 16.04.1986 passed by the Additional Sessions Judge, Nagaur (for short 'the trial court' hereinafter) in Sessions Case No. 51/1982, whereby the trial court has acquitted the accused -respondents from the offence punishable under section 302/34 IPC.

(2.) AS per the prosecution story, deceased Surja Ram son of Jora Ram submitted a written report on 18.06.1982 to the Station House Officer, Police Station, Surpaliya, inter alia, alleging therein that in the morning when he was proceeding towards Nagaur from village Talniyao, then in between Talniyao and Surpaliya, in the field of Mangi Lal son of Purkha Ram, Kishan Singh S/o. Bhera Singh, Govind Singh S/o. Kishan Singh, Girdhari Singh S/o. Kishan Singh, Gopal Singh S/o. Bher Singh and Tej Singh S/o. Bher Singh residents of Talniyao came there and stopped him and thereafter Kishan Singh inflicted a blow of Farsi, Gopal Singh inflicted a blow with knife and Govind Singh, Girdhari Singh and Tej Singh assaulted him with lathis and also took out Rs. 2000/ - from his pocket. At that time, Bhagwana and Mukna Ram came there and rescued him, otherwise the assailants would have killed him. It is also alleged that after some time, he became unconscious. On receiving this information, Station House Officer, Police Station, Surpaliya had registered the FIR No. 17/1982 (Ex. P/13) for the offences punishable under sections 395, 147, 148, 149, 323 IPC. After some time, another report was filed by Mansukh Ram S/o. Jora Ram, wherein it is mentioned that after lodging the report by Surja Ram, when he along his brother was proceeding for medical examination of the injuries and waiting for bus at bus stand Surpalia, then his brother succumbed to injuries. On receiving this report, the police had added the offence punishable under section 302 IPC in the FIR No. 17/1982 and started investigation. After investigation, police has filed charge -sheet against the accused -respondents for the offences punishable under section 302/34 IpC and the trial court also framed charges for the aforesaid offence.

(3.) LEARNED trial court after hearing the counsel for the parties has acquitted the accused -respondents from the offence punishable under section 302/34 IPC while concluding that the prosecution has failed to prove the case against the accused -respondents beyond reasonable doubt.