STATE OF RAJASTHAN Vs. BHAGA RAM

JUDGEMENT

(1.) Instant criminal appeal has been filed by the State against the judgment dtd. 5/7/2013, passed by learned Additional Sessions Judge Sumerpur, District Pali, in Sessions Case No. 114/2010, whereby the learned Trial Court acquitted the accused-respondents from the offences punishable under Ss. 302/149 and 148 IPC.

(2.) Brief facts necessary to be noted for deciding the controversy are that complainant Thanaram (PW-3) gave a written report at Police Station Sanderav Camp Venpura, District Pali to the effect that on 2/1/2009 at about 8.00 a.m., his brother Magaram went to the field for fencing and the complainant to work at NAREGA. While his brother Magaram was doing the work of fencing in his field then accused Bhagaram, Jodharam and Rooparam came with sharp edged weapon and Lathis and assaulted his brother-Magaram. Upon seeing the said incident, complainant alongwith his brother Manaram reached at their field. In the said incident, his brother Magaram succumbed to injuries.

(3.) On the aforesaid complaint, Police registered the case against the accused-respondents and started investigation. On completion of investigation, Police filed challan against the accused respondents for offence under Sec. 302 IPC.