DHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant appeal has been filed by the complainant Dhan Singh under Section 374(2) of Cr.P.C against the judgment dated 05.08.2015 passed by learned Additional Sessions Judge, Parbatsar, District Nagaur in Sessions Case No. 64/2011 (67/2014) whereby, the learned trial court convicted the co-accused Kesar Singh for the offence under Section 341, 302 IPC but acquitted Smt. Santosh Kanwar, respondent no.2 wife of accused Keshar Singh from the charges leveld against her under Section 341, 302, 302/120B , 323 IPC.

(2.) Brief facts of the case are that FIR No. 197/2011 was registered at Makrana Police station, District Nagaur upon written report submitted by the PW/1 Dhan Singh on 11.07.2015 at 5:15 PM. The said FIR was filed against Keshar Singh, Vikram Singh, Santosh Kanwar and some more persons in which it was alleged that deceased Jitendra Singh S/o Sher Singh was coming out from his house on 11.07.2011 at about 2 PM, at that time, Keshar singh having sharp edged (Churra), Vikram Singh having axe, Santosh Kanwar having lathi came there with some more persons on vehicle and inflicted injuries to Jitendra Singh due to those injuries, Jitendra Singh died.

(3.) As per allegation in the FIR, accused Keshar Singh inflicted injury by weapon in stomach of Jitendra Singh and Santosh Kanwar and Gulab Kanwar inflicted lathi blow and Vikram Singh and Bajrang Singh inflicted injury by sharp edged weapon. On hue and cry, Jai kanwar W/o Bhanwar Singh, Pradeep Singh S/o Bhanwar Singh, Om Kanwar W/o Dhan Singh came on the spot and intervened. Upon intervention, the accused party ran away from the place of occurrence. Thereafter, Jitendra Singh was taken to hospital for treatment at Makrana from where he was referred to Ajmer hospital but in the midway Jitendra Singh expired.