STATE OF RAJASTHAN Vs. MOTARAM

JUDGEMENT

(1.) Instant criminal appeal has been filed by the State against the judgment dtd. 18/5/1996, passed by learned Additional Chief Judicial Magistarte, Parbatsar in Cr. Case No.254/1989, whereby the learned Trial Court acquitted the accused-respondents from the offence under Ss. 447, 325/34, 323 IPC.

(2.) Brief facts of the case are that on 26/7/1989, complainant Gopiram gave a written report at Police Station Maroth to the effect that the accused respondents assaulted him with lathi and iron rod. On the said report, Police registered the case against the accused-respondents and started investigation. On completion of investigation, police filed challan against the accused- respondents. Thereafter, the Trial Court framed the charge for offence under Ss. 323, 325/34, 447 IPC against the accused-respondents. They pleaded not guilty and claimed trial.

(3.) During the course of trial, prosecution examined eleven witnesses in support of its case. Thereafter, statements of the accused-respondents under Sec. 313 Cr.P.C were recorded. In defence, six witnesses were examined.