STATE OF RAJASTHAN Vs. HIRA RAM & ORS.

JUDGEMENT

(1.) By the instant appeal, the appellant-State of Rajasthan has assailed the impugned judgment dated 8.7.1994 passed by Sessions Judge, Merta (for short, 'learned Trial Court') acquitting the accused-respondents for offence under Sections 147,148, 447, 307, 302/149 Indian Penal Code (for short, 'I.P.C.') in Sessions Case No. 85/1989. At the threshold, appellant laid criminal leave to appeal under Sec. 378 (iii) and (i) Crimial P.C. for craving grant of leave to appeal and the Court was pleased to grant leave to appeal vide its order dated 28.4.1995 thereby treating application for leave to appeal as memo of appeal.

(2.) Succinctly stated the facts of the case are that complainant, Dharuram (PW-2), submitted a written report (Ex.P-10) at 8:45 AM on 13.6.1989 before SHO, Police Station Pilwa, District Nagaur stating therein that on the previous night when Choturam and Idanram were sleeping in the periphery of their agriculture field, Bithwalia, some persons gave serious beatings to Choturam resulting in his death and also caused injuries to Idanram there upon Idanram was admitted to PHC Harsor by the villagers. In the report, it is also stated that who has given beatings to whom is an information, which can be divulged either by Idanram or the neighbours, inasmuch as he (PW-2) came to know about the incident from brother of the deceased, Gigaram and thereafter he has straightway rushed to the Police Station. After receiving information, a Head Constable, Ummed Singh, immediately, proceeded to site of occurrence and there, Shri Idanram gave his parcha bayan (Ex.P-1), which reads as under:-

(3.) On the basis of Parcha Bayan (Ex.P-1) case was registered against the accused-respondents and investigation was carried out. The accused-respondent Hiraram was apprehended and initially charge-sheet was submitted against him. Considering the fact that accused-respondent was charged for offence under Sections 307 and 302 I.P.C., the case was committed before the learned Trial Court by the concerned Judicial Magistrate.