STATE OF RAJASTHAN Vs. REKHARAM AND ORS.

JUDGEMENT

(1.) Appalled by the impugned judgment dated 10th of July, 1996 rendered by Special Court (NDPS Cases), Jodhpur (for short, 'learned trial Court'), whereby learned trial Court acquitted accused -respondents, the appellant -State has filed criminal leave to appeal. By order dated 28th February, 1997, leave was granted and the leave to appeal was treated as regular criminal appeal by summoning the accused -respondents through bailable warrants. Bare necessary facts for this appeal are that on 3rd of October, 1995, complainant Ram Gopal (P.W. 17), lodged a written report (Ex. P/24) before Station House Officer, Khedapa with the allegation that during midnight, when he was sleeping on the outskirt of Nadiya Jajada at his agricultural land, his brother Narayanram was also sleeping at a distance of approximately 40 ft. in an agricultural land bearing Khasra No. 421. It is further averred in the report that during midnight, he heard alarm of somebody from nearby agricultural land of Khasra No. 43/2 that he is being given beatings. As per version of the complainant, when he reached the spot, he saw that Narayanram was given beatings by the accused -respondents with lathis (wooden sticks) and, on seeing the complainant, accused -Ramkishan shouted that he may also be given beatings. Apprehending overt act by the accused -respondents and threat to his life, according to the complainant, he fled away from the site and both the accused -persons followed him. Ultimately, the complainant reached his house and informed entire incident to his son, Ramniwas (P.W. 16), and thereafter First Information Report was lodged. Facts narrated in the FIR clearly and unequivocally reveal that due to injuries suffered by Narayanram he was profusely bleedings and lying in the agricultural field. The motive for commission of offence by the accused -respondents was personal animosity between victim Narayanram and the accused -respondents inasmuch as livestocks of the accused -persons damaged crops of the victim and, that being so, Narayanram raised his protest before the accused persons. The victim, Narayanram, was thereafter taken to Government Hospital Dhanari Kalla and the doctor on duty examined his injuries, but, considering seriousness of injuries, referred him to Mahatma Gandhi Hospital, Jodhpur. On 3rd of October, 1995, while undergoing treatment at MGH Jodhpur, Narayanram succumbed to the injuries. The accused -respondents were arrested and lathis were recovered.

(2.) After investigation, police submitted charge -sheet before the Judicial Magistrate, Osiya, and thereafter matter was committed to Sessions Court, Jodhpur and the Sessions Judge, Jodhpur subsequently transferred the same for trial before the learned trial Court. Against the accused persons, the learned trial Court framed charges under Ss. 302,302/34 and Sec. 447, Indian Penal Code, which were denied by the accused -respondents.

(3.) For substantiating its case and proving the accusation, prosecution examined twenty -five witnesses including two doctors and the complainant. Requisite documents, i.e., site plan, inquest of dead body as well as other documents including inquest report for recovery of lathis were produced. In all, thirty -four documents were produced, which were exhibited. On completion of the prosecution evidence, accused -respondents produced seven documents, which were also exhibited.