SMT. LEELA Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) The instant Cr. appeal has been filed by Smt. Leela Devi Wd/o Late Sh. Kalu Ram under Section 372 of the Cr.P.C. against the judgment dated 2.1.2015 passed by the learned Addl. Sessions Judge NO.2, Jodhpur Metropolitan, Jodhpur in Sessions Case No. 25/2014 by which all the respondents were acquitted from the charges levelled against them under Section 147, 148, 323, 324, 307 and 302/149 IPC.

(2.) As per brief facts of the case on the basis of statement of injured Babu Lal (PW - 2) in emergency ward of MDM Hospital, Jodhpur on 18.7.2009 in which it was alleged that he and Madan Lal Nai, Guddu Bheel, Swaroop Bheel along with their wives and children were sitting in the agricultural field of Kalu Ram Beniwal. On that date, at about 6-6.30 pm Kalu Ram came there in his vehicle Car bearing No. RJ-19-UA 1402 along with him one Ram Lal and Om Prakash were also with him.

(3.) When Kalu Ram came there in his field, 6-7 tractors, 2-3 jeep and 100-150 persons along with men and women came upon spot. Further, the allegations were made that Mishri Lal Chhaba, Prem Chhaba and Nena Ram Chhaba were having revolver and they made fire on spot. It is also stated that one Lal Das, Jiya Das and Jagdish were having Sword and knife and other persons were having Lathi, Kasiya and Kooth in their hands and in the incident Mishri Lal Chhaba made fire upon Kalu Ram and Prem Chhaba made fire upon Mishri Lal Chhaba and all Lal Das, Jeeya Das and Jagdish inflicted injury by sword and knife and one Surja Ram and Ameen Patwari assaulted him and Madan Nai. After inflicting injuries by different weapons they went from the place of occurrence while assuming that they died. Due to the injuries Kalu Ram died in the agricultural field itself and they took Mi ey took Mishri Lal along with them.