THE STATE OF RAJASTHAN Vs. CHUNIYA @ JANGIDA

JUDGEMENT

(1.) The State has taken this appeal against the acquittal of respondent-Chuniya of the offence under section 302 Penal Code by the learned Sessions Judge, Pali vide his judgment dated 31.7.1978.

(2.) The prosecution case was that on 23rd Aug., 1977, a report was lodged by Magiya, uncle of the deceased, that his nephew Kastoora is lying dead on the 'hathai' and that Gomi told him that accused Chuniya @ Jangida had beaten him. On this report, a case was registered. The police, after completion of investigation, submitted challan against the accused-Chuniya. The accused denied to have committed any offence. The prosecution examined 15 witnesses. The accused, in his statements recorded under section 313 Cr.PC, stated that the witnesses have given false statements. He examined one witness DW 1 Bhomla in defence. The learned Sessions Judge, after hearing the parties and considering the evidence, acquitted the accused under section 302 IPC, but convicted him under section 323 IPC.

(3.) The arguments of the learned Public Prosecutor appearing for the State and the learned counsel appearing for the respondent have been heard and record perused.