STATE OF RAJASTHAN Vs. SHEO PRASAD AND ORS.

JUDGEMENT

(1.) The instant State appeal under Sec. 378(1)(III) Crimial P.C. is directed against the judgment dated 21.3.1984 of the learned Addl. District & Sessions Judge No. 2, Alwar Camp Behror acquitting 26 accused persons put on trial for the offences under Sections 148, 323, 323/149, 324, 324/149, 325, 325/149, 307/149 and 452 IPC.

(2.) The relevant facts giving rise to this appeal and necessary for its disposal are that one Ramavtar PW-1 made a written report on 26.3.1979 to the S.H.O., Police Station Behror to the effect that on the previous night at about 8.00 p.m. accused-respondents came together duly armed with lathis, pharsis, dantlis, axe, etc. with the common object to kill him. They first went to the house of Netram, pulled him out and belaboured him. On his raising the hue and cry, Makhtu Singh PW-6, Janak Singh PW-2, Ram Kanwar PW-4 and Norang Singh PW-5 came there. The accused struck them as well as their heads etc. Then they went to the houses of Basanta, Bachna Ahir and Nathu Mahajan and after breaking open their doors, they committed house trespass and gave them beating with the weapons they were armed with. They inquired of them complainant Ramavtar was. They asked them to send him out.

(3.) On the basis of this report, FIR No. 34/79 came to be registered at the Behror. After completion of investigation, charge-sheet was filed. As the case was exclusively triable by the court of Sessions, it was committed to the court of the learned District & Sessions Judge, Alwar for trial who transferred it to the court below. The charges, as indicated above, were framed against the accused persons who pleaded not guilty and claimed to be tried. The prosecution examined as many as 15 witnesses and got 28 documents exhibited to prove the charges against the accused. The accused were then examined under Sec. 313 Crimial P.C. who denied the incriminating materials put to them. They examined three witnesses and got exhibited 14 documents in their defence.