STATE OF RAJASTHAN Vs. SAWAI SINGH

JUDGEMENT

(1.) The present appeal under Sec. 378 of Cr.P.C. has been filed by the State of Rajasthan being aggrieved against the judgment dtd. 13/9/2002 passed by Shri Om Prakash Gupta RHJS, learned Additional Sessions Judge (Fast Track), Bikaner in Sessions Case No. 152/2001 (State of Rajasthan Vs. Sawai Singh & Ors.), whereby the learned Trial Court has acquitted the accused- respondents, Sawai Singh and others for offences punishable under Ss. 147, 148 and 302, read with 149, 325, read with 149, 307 and 307 r/w 34 of I.P.C.

(2.) The brief facts of the case are that one Bhoor Singh, son of Khet Singh, submitted his Parcha Bayan to the police officials on 12/4/1996 at around 1.15 P.M., stating that they had taken one murabba (agricultural field) on contract for a period of one year. This murabba was previously cultivated by Sawai Singh, son of Tog Singh. It was further stated that the scheduled water turn for the field was fixed for Friday from 7.00 A.M. to 12.30 P.M. Bhoor Singh mentioned that his brother, Shri Dan Singh, had gone to the field at around 6.30 A.M., and thereafter, Bhoor Singh, along with Panch Singh, proceeded towards the murabba at around 8.30 A.M. While travelling approximately 2 kilometers, they saw a tractor belonging to Saheb Ram Godara approaching from the opposite direction, which was being driven by Dilip Godara, son of Saheb Ram.

(3.) It was further stated that the tractor came to a halt, and Bhoor Singh saw his brother, Dan Singh, lying injured inside the tractor. Dan Singh informed him that at around 7.10 A.M., when he had reached the field to avail their scheduled water turn, he observed Sawai Singh, Khan Singh, and Bhojraj Singh diverting water into their own field. Upon raising an objection, Bhojraj Singh allegedly grabbed and stretched his testicles, after which Khan Singh and Sawai Singh began assaulting him with fists. It was further stated that Dilip Godara then arrived at the scene and intervened, helping Dan Singh free himself from the assault. Thereafter, Dilip Godara placed him in the tractor.