STATE OF RAJASTHAN Vs. ASLAM AND ORS.

JUDGEMENT

(1.) THE instant cr. leave to appeal has been filed under Section 378(iii) and (i) of Cr.P.C. by the State against the judgment dated 23.10.2013 passed by the learned Special Judge SC/ST Cases, Bhilwara in Sessions Case No. 54/2010 by which the learned trial court acquitted the respondents for the offences under Section 323, 324 and 307 IPC and under Section 3(2)(5) and 3(1)(10) of the SC/ST (Prevention of Atrocities) Act. As per the facts of the case the complainant Arun Kumar Khatik PW 4 gave statement at Mahatma Gandhi Hospital on 7.8.2010 at 12.30 p.m. that he and Suraj were taking tea in UIT Market, at that time, he received a telephonic call from his brother Nand Kishore in which it is stated by him that they went to the hospital for taking medicine but gate of Van was opened in front of hospital, therefore, they asked the vehicle owner to close the door, which was creating hurdle, at that time, Ayazand Aslam came out and gave beatings to him and his son Renu on the issue of not closing the gate of the vehicle. It is also stated that he and Suraj immediately came to the hospital and tried to intervene but Aslam abused him and inflicted injury by knife in the stomach. At that time, Jogendra Singh and Suraj tried to save him and due to the injury Suraj and Nand Kishore admitted in the hospital.

(2.) UPON aforesaid information FIR No. 556/2010 was registered against the respondents under the aforesaid offences and after completing investigation, the charge -sheet was filed against the respondents under Section 323, 324 and 341 IPC and under Section 3(2)(5) and 3(1)(10) of the SC/ST (Prevention of Atrocities) Act. The case was committed to the Sessions Court and finally the trial took place in the court of learned Special Judge, SC/ST (Prevention of Atrocities) Act, Bhilwara.

(3.) THE learned trial court after hearing both the parties acquitted the respondents from the charges leveled against them vide judgment dated 23.10.2013. Against that judgment, the State has preferred this cr. leave to appeal.