STATE OF RAJASTHAN Vs. SITARAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 20.12.1995 passed by Additional Sessions Judge, Nagaur, (for short 'the trial court' hereinafter) in Sessions Case No. 12/1995, whereby the trial court has acquitted the accused -respondent from the offence punishable under sections 302 IPC.

(2.) BRIEF facts, necessary for disposal of this appeal, are that PW.1 Rajkumar gave an oral information to the Station House Officer, Police Station, Khunkhuna, District Nagaur, alleging therein that he and four other persons of his village have been doing clothes business in Khunkhuna from last 5 -6 years and are residing in a rented house of Tilok Chand Gewaria, near Railway Station, Khunkhuna. Shanker Lal s/o Surja Ram of his village resides in the rented house of Dulichand Khatrik. Today i.e. 1.05.1995 at about 1:00 A.M., Gopal Lal and Gokul came to his house and informed him, Tara Chand, Sheeshpal, Nemichand and Anandi Lal that somebody has stabbed knife blow to Shanker Lal and he was lying unconscious. Then they all along with Gopal went to his house and found Shanker Lal dead on a cot, his intestine protruded from right side of abdomen, which seems that he received a knife injury. While they were inquiring about the incident, at that time, three persons came there along with Sita Ram, whose hands and clothes were stained with blood and Sita Ram informed that first Shanker Lal assaulted him and then he assaulted Shanker Lal and ran away. It is stated that Shanker Lal died on account of the said assault.

(3.) THE matter was committed to the trial court and the charges were framed against the accused -respondent for the offence punishable under section 302 IPC. During the course of trial, the prosecution has produced as many as 27 witnesses and also exhibited several documents. The statement of accused -respondent was recorded under section 313 CrPC and several documents were also exhibited in defence. The trial court, after hearing the parties and pondering over the evidence produced, has acquitted the accused -respondent from the offence punishable under section 302 IPC vide impugned judgment.