STATE OF RAJASTHAN Vs. NANU

JUDGEMENT

(1.) This Criminal Appeal has been preferred by the appellant-State assailing the judgment dtd. 10/1/1991 passed by the learned Sessions Judge, Bhilwara, in Sessions Case No. 180/87, whereby the accused-respondents herein were acquitted of the charges against them.

(2.) The matter pertains to an incident which had occurred in the year 1987 and the present appeal has been pending since the year 1992.

(3.) Brief facts of the case, as presented before this Court by Mr.Ramesh Dewasi learned Public Prosecutor appearing on behalf of the appellant-State, are that on 16/9/1987 at around 8.30 p.m., one Shravan gave a verbal information at Police Station Bigod, to the effect that Smt. Shanti W/o Ganga, was assaulted by accused Bheru, Gheesa, Nanu, and Ugma, who pelted stones at her, abused, and beat her while she was returning from her field in the evening of the same day. On reporting the incident at home, Goru along with Shravan approached the accused persons to question them, whereupon Nanu, Bheru, and Ugma, were present. Soon thereafter, accused persons, namely Rameshwar, Bheru, Sitaram, Nanu, Ugma, Nanda, Kajod, Gheesa, Ladu, and Uda, armed with lathis and kulhadis, with an intention to kill attacked them. Accused Gheesa inflicted a lathi blow on the complainant-Shravan's head, following which he fell down, thereafter, all the accused persons attacked Goru and dragged him inside Nanda ki Gubadi.