STATE OF RAJASTHAN Vs. RATNA

JUDGEMENT

(1.) Instant criminal appeal has been filed by the State against the judgment dtd. 30/8/2010, passed by learned Additional District & Sessions Judge (Fast Track), Doongarpur in Sessions Case No. 85/2009, whereby the learned Trial Court acquitted the accused-respondents from the offences punishable under Ss. 147, 302/149, 323 IPC.

(2.) Brief facts necessary to be noted for deciding the controversy are that complainant Amra Nanoma Meena gave a written report at Police Station Bicchiwada to the effect that on 18/10/2009 at about 7.00 AM, his elder son Subhash and his wife Nirma went to Bichhiwada market and he along with his two sons Ramesh and Jeeva went to Nakdi Mata Temple, where the accused respondents were already present. They all were doing Rs.Bhajan Kirtan' in the temple. Subsequently, at about 2.30 PM, complainant elder son Subhash and his wife Niram also came to the temple, thereupon, accused respondent No. 1 Ratna S/o Senga told the other accused persons that this person quarreled with his brother Ramesh on yesterday and all the accused-persons with a common intention assaulted Subhash with lathi. Due to blood loss and head injury, Subhash became unconscious. On making hue and cry, Shanti Lal and Manji came and rescue them. Subsequently, Subhash was taken to hospital, where Doctor declared him dead.

(3.) On the aforesaid complaint, Police registered the case against the accused-respondents and started investigation. On completion of investigation, Police filed challan against the accused respondents for offence under Ss. 147, 323, 302/149 IPC.