STATE OF RAJASTHAN Vs. RAM SINGH AND OTHERS

JUDGEMENT

(1.) The instant Cr. appeal has been filed by the State of Rajasthan against the judgment dated 11.12.1993 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Bikaner in Sessions Case No. 20/1992 whereby the learned trial court acquitted by the respondents from the charges levelled under Section 364, 302, 302/34 and under Section 3(2)(v)of the SC/ST (Prevention of Atrocities) Act, 1989.

(2.) As per brief facts of the case, upon information received on 18.9.1991 at about 8.30 at Police Station Napasar, PW - 12 Ramesh Kumar, Head Constable went at the village Kalyansar he has Kumar recorded the statement (Ex.P/1) of complainant PW - 1 Smt. Akhi in which it was alleged by the complainant that her husband and his two brothers Kistura Ram and Narayan Ram are living in one premises, but having different houses. On 17.9.1991 in the evening at about 8.00 pm when he was sitting on the cot in the house and she was preparing food in kitchen, Ram Singh S/o Mool Singh and Sumandar Singh S/o Kishan Singh came and asked her husband to go outside for gossiping. The complainant asked her husband to take meal first thereafter go outside but they did not care and asked Jetha Ram to go along with them.

(3.) It is stated by the complainant that at that time Govind Singh and others were standing near Falsa and her two sister-in-laws and nephew of her husband Mohan were present at home.