STATE OF RAJASTHAN Vs. RAMU RAM

JUDGEMENT

(1.) In this Cr. appeal filed by the State of Rajasthan under Section 378 Cr.P.C. the appellant State of Rajasthan is challenging the validity of the judgment dated 16.11.1992 passed by the District & Sessions Judge, Jodhpur in Sessions Case NO.77/1992 by which the learned trial court acquitted all the respondents from the charge levelled against them under Section 302 a n 302 and 302/34 IPC.

(2.) As per brief facts of the case, PW - 5 Vijay Singh lodged a complaint (Ex.P/6) on 18.3.1992 at 11.45 pm at Police Station Dechu alleging therein that on 18.3.1992 at about 9.30 am his brother Sumer Singh after taking dinner went to the agricultural field of Ugam Singh to work as Farmer but after leaving from the home, the complainant heard hue and cry then he and his brother PW - 4 Megh Singh rushed to the place known as Bheelon Ki Dhani from where noise of quarrel comes. When they reached at place of occurrence near Dhani of Deva Ram, Sumer Singh was lying and blood was coming out from his head due to the injuries. At that time, respondents Ramu Ram and Kishna Ram were causing injuries by Lathi and at that time, Smt. Nijara wife of Ramu Ram came with Lathi and joined to beat Sumer Singh. As per allegations of complainant, the respondents gave beatings to witness Megh Singh also and due to the injuries caused to him Megh Singh received injury upon ear.

(3.) As per complainant after incident injured Sumer Singh was taken to the MG Hospital, Jodhpur where he was admitted for treatment. The police registered FIR (Ex.P/19) under Section 147, 148, 149 and 323 IPC and commenced investigation. During investigation, Sumer Singh died on 29.3.1992, therefore, police added offence under Section 302/34 IPC and commenced investigation.