STATE OF RAJASTHAN Vs. BAJRANGA

JUDGEMENT

(1.) The State of Rajasthan has preferred this appeal against the judgment dated 29- 8-74 passed by the Additional Sessions Judge, Tonk, by which he acquitted the accused respondent from the offence under section 307, Indian Penal Code, but found him guilty for the offence under section 323. Indian Penal Code only he, therefore, ordered the accused to be released on probation.

(2.) According to the prosecution, there was a public way which was going from village Anwan to Sitapur which was obstructed by the accused Bajranga. He cultivated that portion of the public way illegally. A village panchayat was called in this respect, which was attended by Kalyan also- On 28- 11-73 Mst. Nathi was coming back from her field in the evening to the village. A calf went into the disputed field. Bajranga abused Mst. Nathi and inflicted jeli blows on her head. Kalyan, who was coming on cycle got down and tried to rescue Mst. Nathi. Bajranga then inflicted severe blows by Jeli on the head of Kalyan also. On this Cheuthmal, Ramdev and Lallu intervened. Hiralal then lodged an oral report of his incident at the police station. The injured were shifted to the hospital and were medially examined. After completing the investigation, the police submitted a challan against Bajranga under section 307, I.P.C. He was committed to the Court of Additional Sessions for trial.

(3.) A charge under section 307, I P.C. was framed against Bajranga, who pleaded not guilty and claimed trial. The prosecution examined 8 Witnesses and after hearing both the sides the learned Additional Sessions Judge found that no case under section 307, I.P.C. was established against the accused respondent and he acquitted him. He was, however, found guilty for the offence under section 323. I.P.C. Against the order of acquittal from the offence under section 307, I.P.C. the present appeal has been preferred by the State.