STATE OF RAJASTHAN Vs. BALU RAM AND ORS.

JUDGEMENT

(1.) The instant cr. appeal has been filed by the State of Rajasthan to challenge the judgment dated 30.10.1996 passed by the Special Judge, SC/ST (Prevention of Atrocities Cases), Churu in Special Case No. 6/96 whereby the learned trial court acquitted the respondents from the charge levelled against them under Sec. 302, 323 IPC and under Sec. 3(2)(5) of the SC/ST (Prevention of Atrocities) Act, 1989.

(2.) As per the brief facts of the case on 13.12.1995 at 12.30 pm the complainant Sadhu Ram (PW - -11) filed a written report (Ex. P/1) before the SHO, Police Station, Taranagar, camp Sahawa stating therein that on 12.12.1995 at about 5.00 pm in the evening an information was given to him by PW - -1 Sunder S/o. Shivkaran and Pratap S/o. Ladhu Ram that your son has been killed by the respondents Balu Ram and Govind Singh and his body is lying on the way. Upon receiving such information, the complainant immediately went on spot and saw that body of his son Golu Ram was lying on the street and blood was spread near the body and prayed that action may be taken against Balu Ram and Govind Singh in accordance with law.

(3.) On the basis of aforesaid written report, the FIR No. 149 dated 13.12.1995 (Ex. P/2) was registered at Police Station Taranagar at 1.30 pm under Sec. 302 and under Sec. 3(2)(5) of the SC/ST Act.