GIRDHARI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal appeal has been filed by the State against the judgment and order dtd. 21/7/2001, passed by learned Additional Sessions Judge (Fast Track), Pali in Sessions Case No. 31/2001, whereby the learned Trial Court acquitted the accused-respondents from the offences punishable under Ss. 302 and 307 IPC.

(2.) Brief facts necessary to be noted for deciding the controversy are that on 12/5/1995 at about 4.00 AM, injured-Anadi provided a statement to Head Constable-Roop Singh of Police Station-Sojat City. The statement was recorded in the presence of Dr. K.R. Chouhan at the Government Hospital, Sojat City. She stated that during the night she was sleeping at home alongside her husband and children. At around 3.00 AM, an unknown assailant, with the intent to kill her, poured a burning substance on her body, resulting in severe burn injuries over a substantial portion of her body. The same substance also spilled upon her husband, who was lying beside her, causing him to sustain burn injuries as well. Both immediately awoke and observed an individual fleeing through the courtyard (chowk) of the house. However, due to the darkness at the time, Anadi was unable to identify the perpetrator.

(3.) On the said statement, Police registered the FIR for offence under Ss. 324, 307 IPC and started investigation. During the course of investigation, on 13/5/1995, injured-Anadi gave statement to the Police under Sec. 161 Cr.P.C. reiterating the aforesaid facts and further stated that the incident was caused by the accused-respondents due to an old animosity between them in respect of a property.