STATE OF RAJASTHAN Vs. NANUDA

JUDGEMENT

(1.) P.K. Lohra, J 1. Appellant-State has laid this appeal to question the legality and propriety of the impugned judgment dated 19.10.1992 passed by the Additional District and Sessions Judge, Raisinghnagar (for short 'the learned Trial Court') in Sessions Case No.64/1990 whereby accused respondent and two others namely Mahi Ram and Binjha Ram were acquitted for the offences under Sections 302/34 and 427 of the Indian Penal Code read with Section 27 of the Arms Act, 1959.

(2.) At the threshold, appellant-State preferred Leave to Appeal against the three accused-persons but when the matter came up before the Court on 30.11.1993, the Court was pleased to grant leave against accused-respondent only and consequently Application for grant of Leave to Appeal was directed to be treated as memo of appeal against him. For rest of the two accused persons, leave was declined and thereupon the appellant-State submitted amended cause-title confining appeal only to the extent of accused-respondent.

(3.) Briefly stated prosecution story is that early in the morning at 7:00 a.m. on 05.06.1990 PW-6 Sanwara Ram walked-in to Police Chowki (Sub-station), Nai Mandi, Gharsana, Raisinghnagar Sub Division which was under the supervision of Police Station, Anupgarh and divulged information to the Incharge-officer that Mahi Ram, Binjha Ram and respondent Nanuda are beating his mother-in-law Dharmi at Rohi Chak 16 MD with axe. Responding to the said information of PW-6, the Incharge-officer with a police sleuth Swaroop Singh immediately rushed to the scene of occurrence and after returning back entered this information in Rajnamcha at 8:50 a.m. It is noticed by the Incharge-officer and other incumbent accompanying him when they reached agricultural field of Tulchha Ram that Dharmi was lying on the ground with many injuries.