ASHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant Cr. appeal has been filed by the complainant Asha W/o deceased Mukesh under Section 378 Cr.P.C. against the judgment dated 21.9.2015 passed by the Addl. Sessions Judge, Gulabpura, District Bhilwara in Sessions Case No. 2/2013 whereby the respondents nos. 2 to 4 were acquitted from the charge of offence under Section 302, 302/34 IPC and under Section 4/25 of the Arms Act.

(2.) As per the brief facts of the case on 9.9.2012 a complaint (Ex.P/1) was submitted by PW - 1 Mahaveer before Police Station Gulabpura, District Bhilwara against respondents Vikram Singh, Hemander Singh @ Heri and Himmat @ Dimple Suthar in which it is alleged that on 8.9.2012 at about 8'O Clock in the evening all the persons mentioned above assaulted deceased Mukesh while calling him on telephone. Due to the injuries inflicted by the aforesaid persons by sharp edged weapon deceased died.

(3.) Upon aforesaid complaint FIR no. 350/2012 (Ex.P/1) was registered under Section 302 IPC and after investigation, challan was filed against 3 persons namely Vikram Singh, Hemander Singh @ Heri and Himmat @ Dimple Suthar. The learned trial court after framing charge recorded statements of 17 prosecution witnesses including 4 eye witnesses and recorded statement of respondents under Section 313 Cr.P.C. and, thereafter, finally heard the case and acquitted them from the offence under Section 302 and 302/34 IPC and under Section 4/25 of the Arms Act.