STATE OF RAJASTHAN Vs. KAILASH SINGH AND OTHERS

JUDGEMENT

(1.) The above D.B. Cr. Leave to Appeal No. 280/2015 has been filed by the State of Rajasthan and the D.B. Cr. Appeal No. 642/2015 has been filed by the complainants-appellants Gajendra Singh and Samundra Singh against the judgment dated 27.5.2015 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Merta in Sessions Case NO.74/2006 (2/2006) by which the learned trial court acquitted the respondents from the charges levelled under Section 452, 302/34 and 323/34 IPC.

(2.) Both the aforesaid matters are being decided by this common judgment.

(3.) As per brief facts of the case on 5.10.2006 at about 6.00 pm PW - 1 Samandar Singh appeared before the SHO Police Station, Padukallan and submitted written report (Ex.P/1) in which it was alleged that on 26.9.2006 at about 7-7.30 pm his uncle Mohan Singh along with other family members were sitting in their residential house, at that time, respondents Kailash Singh, Arjun Singh, Bhagwan Singh @ Bhagwan Kailash and 3 other persons having Lathi and sharp edged weapon Gandasa in their hand entered in the house with a common intention to kill his uncle Madan Singh. In the house they gave beatings to Mohan Singh and inflicted Lathi blow up on the hand and other part of the body. Gajendra Singh and Babu Singh tried to intervene but they caused serious injuries to Madan Singh. As per the allegation in the FIR accused Kailash Singh inflicted injury by Gandasi on the neck of Gajendar Singh but for protection lifted his hand, injury was received upon his hand.