STATE OF RAJASTHAN Vs. SUMERSINGH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 16.07.1996 passed by Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Udaipur (for short 'the trial court' hereinafter) in Special Sessions Case No. 33/1993, whereby the trial court has acquitted the accused -respondent from the offence punishable under Sec. 302 IPC and Sec. 3(1)(x) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act of 1989 hereinafter).

(2.) Brief facts of the case are that on 09.03.1993 at about 12:30 A.M., Dr. A.H. Ansari of Central Hospital, Jawar Mines had informed the police on telephone that at this time, Narayan Lal Khatik and Dev Kishan Mali brought Kishan Lal Khatik s/o Ram Lal Khatik in the emergency and after examining him, he found Kishan Lal dead. The persons, who brought Kishan Lal to the hospital, told that due to vertigo, Kishan Lal fell down out of his house and they did not know the cause of his death. On receiving this report, Marg No. 5/1993 under Sec. 174 Cr.P.C. was registered by the police. The police prepared Panchnama of the dead body, recorded the statements of the witnesses and got the post mortem of the deceased done. FIR No. 15/1993 vide Ex. P/17 dated 09.03.1993 was registered at Police Station, Jawar Mines, District Udaipur for the offence punishable under Sec. 302 IPC against the accused -respondent, wherein it is mentioned that during the course of investigation, it is revealed that in the preceding night, deceased Kishan Lal Khatik and the accused had attended a party in Durganagar and while returning, accused was driving the car with great speed to which, deceased raised objection, therefore, a quarrel took place between them and the accused -respondent assaulted the deceased and caused injuries to him, which resulted into death of Kishan Lal Khatik. After investigation, the police had filed charge -sheet against the accused -respondent for the offence punishable under Sec. 302 IPC and Sec. 3(1)(x) of the Act of 1989. Judicial Magistrate, Sarada had committed the case to the trial court, wherein charges were framed against the accused -respondent for the aforesaid offences. The accused -respondent denied the charges and claimed trial.

(3.) Before the trial court, the prosecution produced as many as 21 witnesses and also got certain documents exhibited. Statement of accused -respondent was recorded under Sec. 313 Cr.P.C. and one witness viz. D.W. 1 Daya Shanker was also produced in defence. Learned trial court, after hearing learned Special Public Prosecutor as well as the learned counsel for the accused -respondent and after pondering over the evidence produced by the parties, acquitted the accused -respondent from the offences punishable under Sec. 302 IPC and under Sec. 3(1)(x) of the Act of 1989.