STATE OF RAJASTHAN Vs. RAMZAN KHAN AND ORS.

JUDGEMENT

(1.) THE instant cr. appeal has been filed by the State of Rajasthan under Section 378(3) and (1) of the Cr.P.C. against the judgment dated 29.3.1993 passed by the learned District & Sessions Judge, Jodhpur whereby the learned trial court acquitted respondents accused from the charge levelled against them under Section 302 and 201 IPC.

(2.) BEFORE proceeding further, it is worthwhile to mention here that initially the cr. leave to appeal was filed by the State of Rajasthan against 8 respondents who were acquitted by the learned trial court, but the leave was granted by the Division Bench only against respondent No. 1 Ramjan Khan and respondent No. 2 Smt. Nashiba vide order dated 29.10.1993, therefore, this appeal is only against two respondents Ramjan Khan and Nasiba.

(3.) IN the investigation, first of all, the Panchnama was of the body lying outside the Police Station in the truck No. RNJ 9162 (Ex. P/2) was prepared by the SHO, Police Station, Soorsagar in front of two witnesses Aamdeen and Samsuddin. Thereafter, the site plan (Ex. P/3) where alleged occurrence took place was prepared in the presence of two witnesses Mohd. Hanif and Sher Khan on 12.5.1992. The body of deceased Amiyat Khatoon was taken to the hospital for post mortem where post mortem was conducted by the medical board at 6.40 pm on 12.5.1992 and post mortem report (Ex. P/11) was given by PW -12 Dr. K.C. Choudhary, Chairman of the Board in which in all 8 injuries were found, out of which 7 injuries were of simple bruises and abrasions were found upon the body and injury No. 8 was found upon the abdomen of the deceased. As per opinion of the doctor the cause of death was shock and internal hemorrhage due to traumatic rapture of spleen (ante mortem in nature). After post mortem the body was handed over to the father of the deceased Kachhu Khan for cremation vide Ex. P/8.