STATE OF RAJASTHAN Vs. NANU

JUDGEMENT

(1.) The instant appeal has been preferred by appellant- State under Sec. 378 (i) & (iii) of the Code Of Criminal Procedure, 1973 against accused-respondent Nanu S/o Shri Hari Shankar, challenging the judgment dtd. 16/2/1999 passed by the learned Sessions Judge, Banswara, in Sessions Case No. 110/1996 arising out of FIR No.65/96,lodged at police station Lohariya, Banswara whereby the accused-respondent has been acquitted of the offences punishable under Ss. 302 & 450 of the IPC.

(2.) As per the prosecution case on 6/3/1996, one Shri Hatu (PW-02) submitted a verbal report (Ex.P-2) at Police Station Lohariya stating that on the previous evening, at about 4:00 PM, his wife, Smt. Dev Kanwar, was preparing tea at their home, while he was sitting at the Padsal. The Adivashi villagers were playing Holi- Ger at Holi Chowk in the village. At that time, Nanu, S/o Shanker, came there with an unsheathed sword in his hand, started abusing, and said. Thereafter, he entered in the house and inflicted a sword blow on the abdomen of Dev Kanwar with the intention to kill her. On withdrawing the sword, her intestines protruded. Upon hearing her cries, Ramu, Rameng, and other villagers reached at the spot and caught hold the accused-respondent. Dev Kanwar was taken to the hospital for treatment. During the course of treatment, Dev Kanwar succumbed to her injuries.

(3.) On the basis of the above verbal report, a formal FIR No. 65/96 (Exhibit P.03) was registered at Police Station, Lohariya, Banswara against the accused for the offences under Ss. 307, 452, 326, and 504 IPC. During the course of investigation, Dev Kanwar succumbed to her injuries accordingly; the offence under Sec. 302 IPC was added.