MUKESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present leave to appeal has been filed under Sec. 419 of BNSS against the judgment and order dtd. 10/6/2024 passed by the Additional Sessions Judge, Sumerpur, District Pali in Sessions Case No. 18/2014 (CIS No. 73/2014) to the extent vide which the accused-respondent Mukesh Kumar has been acquitted of the charges under Sec. 302 read with Sec. 120-B and 449 of IPC.

(2.) Heard learned Public Prosecutor and perused the original record of the case as well as impugned judgment.

(3.) Briefly noted the facts in the present case are that an FIR No. 91/2014 for the offences under Ss. 147,148, 149, 458 and 302 read with Sec. 120-B of I.P.C. was registered on the written report submitted by Deepa Ram (PW-1). As per the FIR, on 16/6/2014 in the night at around 08.00 P.M. his father-in-law Nava Ram (since deceased) was sitting in the "pole"? of his residence, then Ramesh Kumar, Pema Ram, Mukesh Kumar and 5-7 other persons, armed with Lathis and sariya came there on the motor-cycle and Jeep. They forcibly entered in the 'pole' and enquired from Nava Ram about Laxmi, who is daughter of Pema Ram. Suddenly, Ramesh Kumar, Pemaram and Mukesh Kumar with intent to commit murder, inflicted lathi blows on the head and other parts of the body of Nava Ram. In the written report Deepa Ram, his wife Kasni Devi and his sister-in law Shanti Devi and other members of the family were shown as eye-witnesses of the incident. Thereafter, the accused persons ran away from the spot after some time of his arrival at the spot. At that time, Mohan Lal and Vaktaram also came there and carried Nava Ram to Mahaveer Hospital, Sumerpur.