STATE OF RAJASTHAN Vs. BHANWAR NATH & ORS.

JUDGEMENT

(1.) This Appeal has been filed by the State against the Judgment dated 26.6.1992 passed by Additional Sessions Judge, Nagaur (for short 'the Trial Court' hereinafter) in Sessions Case No. 47/1989, whereby the Trial Court has acquitted the accused-respondents from the offences punishable under Sections 147, 148, 450, 302 or 302/149, 404/149 I.P.C. by extending the benefit of doubt.

(2.) Brief facts, necessary for disposal of this Appeal, are that on 12.8.1989 at about 10.30 P.M. PW-1-Kishan Nath S/o Sawant Nath had submitted a written report at Police Station, Panchodi, inter alia, alleging therein that he and his two brothers are having 50 bighas of agricultural land, where a hut belonging to them is situated. On that day at about 12.00 in the noon, Kishan Nath S/o Ramsukh Nath (for short 'the deceased' hereinafter) came to his field and told him that accused-respondents made a plan to kill him, then PW-1-Kishan Nath assured him that nobody would kill him. At that time, accused-respondents having lathis in their hands came there and started beating with the deceased with lathis. PW-1-Kishan Nath tried to intervene but in vain, therefore, he made hue and cries but nobody came there and the accused-respondents fled away from the scene of once. PW-1-Kishan Nath narrated the incident to PW-2-Pema Ram and one Moola Ram, who had stated that they would not go to the scene of occurrence without Sarpanch, thereafter, he took PW-9-Teja Ram, the then Sarpanch of village Guda Bhagwandas and PW-12-Idan Ram, by that time, the sun was set. PW-6-Shiv Nath S/o Gomad Nath was sent by PW-9-Teja Ram to the Police Station to report the matter.

(3.) On receiving the said report (Ex. P-1), F.I.R. No. 39/89 (Ex. P-21) was registered at Police Station, Panchodi against the accused-respondents for the offence punichable under Sections 147, 148, 149, 447, 302 I.P.C. The police had commenced the investigation and after investigation, filed the charge-sheet against the accused-respondents for the offence punishable under Sections 147, 148, 450, 302 or 302/149 I.P.C. On 16.12.1989, the charges were read over to the accused-respondents, which they denied and claimed for trial.