NAHAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant cr. appeal has been filed by the accused appellant Nahar Singh under Section 374(2) Cr.P.C. against the judgment dated 17.4.2013 passed by the learned Addl. Sessions Judge, Dungarpur in Sessions Case No. 36/2010 whereby the learned trial court while acquitting the accused Vikram Singh, Smt. Meena Kuwar, Smt. Andar Kuwar, Smt. Devu Kuwar and Shambhoo Singh for the offences under Sections 148, 452, 323, 324/149, 302, 302/149 and 307 IPC and acquitting the accused appellant Nahar Singh from the offences under Sections 148, 323, 324/149, 302/149 and 307 IPC, convicted the accused appellant Nahar Singh for offence under Section 302, 452, 324 and 323/34 IPC and passed the following sentences:

(2.) On 11.5.2010 at about 10.00 pm the complainant Arjun Singh admitted in the surgical ward of General Hospital, Sagwara at Bed No. 7 gave oral information to the ASI Lal Singh of Police Station Aaspur, wherein following allegations were made by him, which reads as under:

(3.) In the trial court before commencement of trial, an application was filed on behalf of accused Kishore Singh that he was less than 18 years of age on the date of incident, therefore, his pending case may be transferred to the Juvenile Justice Board. After inquiry, the learned Addl. Sessions Judge, Dungarpur transferred the case of accused Kishore Singh to the Juvenile Justice Board, Dungarpur and framed charge against remaining six accused under Sections 148, 452, 323, 324, 324/149, 302, 302/149 and 307 IPC after providing an opportunity of hearing them, but all the accused denied the charges and prayed for trial.