STATE OF RAJASTHAN Vs. MOHANLAL

JUDGEMENT

(1.) Instant criminal appeal has been filed by the State against the judgment dtd. 24/11/2001, passed by learned Additional District & Sessions Judge, Rajgarh, District-Churu, in Sessions Case No. 47/1999, whereby the learned Trial Court acquitted the accused-respondents from the offence punishable under Ss. 148, 302 read with 149 IPC.

(2.) Brief facts necessary to be noted for deciding the controversy are that on 26/7/1999 complainant-Prabhu Ram @ Prabhu Dayal gave a written report at concerned Police Station to the effect that due to longstanding enmity between his family and the accused party, a violent incident occurred. Approximately 10 to 12 years prior to the present incident, one Radha Kishan was murdered, and a criminal case had been registered against the complainant, Prabhu Ram, and other persons in connection with that offence. They were convicted by the learned Additional Sessions Judge, Churu, and their appeal against the conviction was decided by this Court and they were released on undergone. On the date of the incident, i.e., 26/7/1999, at around 6.30 PM, the complainant's father-Ram Kumar, was on his way to the bus stand from his residence. When he reached near the house of Mangilal, all the accused persons arrived at the spot. At that point, accused respondent No. 2-Suresh allegedly struck Ram Kumar on the head with a lathi, and accused respondent No. 1-Mohan Lal inflicted a head injury using an iron rod. As a result, Ram Kumar collapsed. Thereafter, the remaining accused collectively assaulted him. Upon witnessing the attack, the complainant Prabhu Ram and one Sanjay Kumar raised an alarm, prompting the accused persons to flee the scene. Subsequently, Ram Kumar was taken to the hospital for medical assistance; however, he succumbed to the injuries sustained during the assault.

(3.) On the aforesaid complaint, Police registered the case against the accused-respondents for offence under Ss. 302, 341, 147, 148 and 149 IPC. On completion of investigation, Police filed challan against all the accused respondents for aforesaid offences.