STATE OF RAJASTHAN Vs. VIDYADHAR @ BADRU

JUDGEMENT

(1.) The appellant - State of Rajasthan has preferred instant appeal under Sec. 378(i)(iii) of the Code of Criminal Procedure, 1973 challenging the Judgment and Order dtd. 11/6/1998 passed by the Additional Sessions Judge, Jhunjhunu in Sessions Case No.08/1996 (74/1993) (State of Rajasthan vs. Vidyadhar @ Badru), whereby accused-respondent was acquitted for the offences under Ss. 302 and 307 of Indian Penal Code.

(2.) Brief facts relevant for disposal of present appeal are that on 1/10/1992, complainant - Omprakash (P.W. 1) submitted a written report (Ex.P/1) to Shri Bhagwan Singh, S.H.O. Police Station Nawalgarh at the place of incident to the effect that tonight at about 12 o'clock, he was sleeping in his house, suddenly he heard noise of women and children in Hari Singh's mansion (Haweli), then he woke up and called Hariprasad and Sheokaran. All three of them came to Hari Singh's mansion, the door was closed, sound of hitting was coming from inside, therefore, Sheokaran and Prakash climbed up the mansion from behind. After taking down the door, they came inside, then Vidyadhar who had a Rapari (Gandasi) in his hand, was beating Subhita badly. When he climbed the roof to escape after seeing them, then Sheokaran and others caught him; they brought him down to the courtyard from the roof, then they saw with the battery, Subhita was lying in the courtyard of the mansion in a pool of blood, she had several injuries on her head, neck, hands, mouth and face; there were three children on the cot, who were screaming. They saw them, they found that children were having severe injuries on their heads, necks and hands and blood was flowing; then many people from the village gathered, they caught Vidhadhar and made him sit outside. Subhita had passed away, He asked to make a phone to report to the police station, now you came to the site etc.

(3.) On the basis of said written report, an F.I.R. No.184/1992 (Ex.P/13) came to be registered at the Police Station Nawalgarh, District Jhunjhunu for the offence under Sec. 302 of I.P.C. and investigation was commenced. During course of investigation, minor Ankur died during treatment. After conclusion of investigation, police submitted charge-sheet against accused- respondent for the offences under Ss. 302, 326, 307 and 324 of I.P.C. before the court of Munsif and Judicial Magistrate, Nawalgarh, District Jhunjhunu, who took cognizance of aforesaid offences against accused-respondent and committed the case to the court of Sessions, from where it was transferred to the court of Additional Sessions Judge, Jhunjhunu (for short 'learned trial court' hereinafter).