STATE OF RAJASTHAN Vs. BHIM SINGH & ORS.

JUDGEMENT

(1.) This appeal has been directed against the judgment dated 31.10.1980 passed by the learned Additional Sessions Judge, No. 1, Bharatpur, whereby he acquitted the accused - respondents for the offences u/ss. 395 & 397 IPC.

(2.) Briefly the facts necessary for the disposal of this appeal are that on 1.2.1979 at about 7.00 p.m. Baijnath Saraf (PW 1) was going from his house to his shop situated near Laxman Mandir, Bharatpur, when he came near Arya Samaj School respondents Sirla, Bhima, Madho & Udaibhan along with two others, who were armed with lathies, stopped him. Respondent Sirla exhorted his companions to inflict lathi blows to kill him and also to rob him. It is alleged that Sirla & Madho inflicted one lathi blow each on the head of Baijnath. Udaibhan dealt a lathi blow on his hand and the other un-named culprits dealt lathi blows on his left thigh. It is further alleged that respondent-Sirla snatched away the gold chain while respondent-Madho forcibly took away the HMT Wrist Watch of Baijnath. On hearing the alarm raised by Baijnath, his brother-Om Prakash (PW 8) came, there. Vinod Kumar and Brij Mohan also witnessed the said incident. Due to those injuries Baijnath became unconscious. He was brought to the Government Hospital, Bharatpur. Dr. Brij Kishore Sharma (PW 4) examined him and found the following injuries on his person vide MLR Ex-. P 4:-

(3.) Dr. Brij Kishore informed the S.H.O., Police Station, Kotwali, Bharatpur vide is letter Ex.P 15 that Baijnath had sustained multiple injuries, that he was confused and semi-conscious and that his general condition was normal. Since the said letter did not disclose any cognizable offence, no case was registered. However, the S.H.O., sent A.N. Mishra A.S.I., to the hospital. Since Baijnath has been given sedative drugs, the doctor informed the said ASI that Baijnath was not in a fit condition to give statement and therefore, his statement could not be recorded.