STATE OF RAJASTHAN Vs. ALIM

JUDGEMENT

(1.) THREE respondents viz., Alim, Kamiya and Haji Aliser along with one Sadaka were tried by the learned Sessions Judge, Baloira for the charges under Sections 302/34 and 323 IPC. The allegation against the appellants was that on 19 -9 -1975 they tried to take the cattle of deceased Meerhasan in the field of Alu which was objected by Meerhasan. Aliser is said to have instigated the four accused to kill Meerhasan at which Alim fired the shot which injured Meerhasan at his chest. Meerhasan is said to have fallen down. It was also alleged that Kamiya co -accused caused injuries to Bhaikhan who had also come at the site to help Meerhasan. When the matter was reported to the police investigation proceeded and the broken gun was recovered from the site. Kamiya is also said to have sustained injuries in this incident. After investigation the challan against three respondents and Sadaka was filed in the court of Munsif and Judicial Magistrate, Barmer. The learned Magistrate committed the case to the court of Sessions Judge, Balotra. The learned Sessions Judge after recording the plea of the accused and their denial thereof proceeded with the trial

(2.) PROSECUTION examined 13 witnesses in all. The accused in their statements totally denied the allegations levelled against them and put the defence that the cattle was in the field of Aalu which was cultivated by Kamiya and his father. It was stated that the gun was with Bhaikhan and when Bhaikhan tried to fire, Kamiya resisted to that attempt and in that process Bhaikhan sustained injuries on his hands and the gun went off and caused injuries to Meerhasan which resulted in his death. It has also been stated that Kamiya sustained injuries at the hands of Meerhasan. Six witnesses were examined to substantiate the defence plea. The learned Sessions Judge did not believe that the prosecution case was brought home from the statements of the prosecution witnesses. The learned Sessions Judge rather considered the defence story to be more weighty and held the accused not guilty and acquitted them of the charges levelled against them. The State felt aggrieved by the order of acquittal prayed for leave to appeal. Leave to appeal against accused Sadaka was refused but it was allowed for the respondents Alim, Kamiya and Haji Aliser.

(3.) THE appeal filed by the State has no merits and is dismissed.