STATE OF RAJASTHAN Vs. JAGDISH

JUDGEMENT

(1.) The instant Criminal Appeal has been preferred by the Appellant-State under Sec. 378(iii) and (i) of the Code of Criminal Procedure, 1973, assailing the validity of judgment dtd. 18/11/2022 passed by learned Additional Sessions Judge No. 2, Udaipur, in Sessions Case No. 54/2017, arising out of FIR No. 40/2017 registered at Police Station Phalasiya, District Udaipur, whereby the accused-respondents, namely, - Jagdish and Govindram have been acquitted of the offence punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code.

(2.) As per prosecution case, on 8/4/2017 at about 8:00 a.m., the complainant Smt. Priyanka @ Sita Baranda submitted a written information (Ex.P-1) before the Station House Officer, Police Station Phalasiya, stating therein that she and her brother Subhash had gone to their respective schools in the morning, she to Sitradari School and her brother to Sigri School to appear in an examination. She stated that upon hearing shouting and noise from the direction of her house, she rushed back and saw that the accused-respondents, namely, Jagdish and Govindram were assaulting her Bhuwa Kamla, her grandfather Lakhma, and her grandmother Dhanki with lathis, and thereafter fled from the spot. She further stated that her brother Subhash also reached there and, upon seeing the injured persons lying at the spot, went to inform their Bhuwa Elasi, resident of Sada. When Elasi arrived, it was found that Lakhma and Kamla had succumbed to their injuries, while Dhanki was lying in a seriously injured condition.

(3.) On the basis of the said information, a formal FIR No. 40/2017 was registered at Police Station Phalasiya for the offences under Ss. 302 and 307 read with Sec. 34 IPC.