STATE OF RAJASTHAN Vs. MADAN LAL AND OTHERS

JUDGEMENT

(1.) This appeal by the State of Rajasthan Under section 378(i)(ii) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') is directed against the judgment and order dated Feb. 21, 1983 whereby the learned Sessions Judge, Sikar, acquitted the accused-respondents of the offences Under section 147, 302 read with section 149 of the Indian Penal Code for short 'the Indian Penal Code').

(2.) The prosecution case in brief was that during the night of March 29/30, 1982 PW 10 Bharat Singh, Station House Officer, Police Station, Raghunathgarh, Sikar received a wireless message from his Superintendent of Police about an incident having taken place at village Daulatpura. Bharat Singh SHO reached village Daulatpura in the same night and there PW 3 Mahabir Prasad submitted a written report Ex.R 2 before him. The version given in this First Information Report was that on that day when he and five others had reached Daulatpura Bus Stand by Nawalgarh Night Bus Service and came down from the Bus at about 7.00 p.m. the respondents alongwith Bajrang's son opened an attack on them with farsis and lathies and caused injuries to several of them, that he and others ran away to save themselves, from the wrath of the respondents, that the respondents also attacked upon Ded Raj deceased who was going to ease himself and that Ded Raj's condition was deteriorating. Bharat Singh SHO sent this report to the police station for registration of a case and commenced investigation. At the police station Crime No. 35 for offences Under sections 147,148, 149, 323, 307 Indian Penal Code was registered.

(3.) Bharat Singh SHO, as stated by him before trial court, reached respondent's 'Phalsa' in village Katrathal where Ded Raj injured was found lying in unconscious condition. He took the injured Ded Raj in his jeep to S.K. General Hospital, Sikar and got him admitted there at 2.00 A.M. on 30.3.82. Bharat Singh claimed to have returned back to village, prepared the site map where the incident with Ded Raj was alleged to have taken place but found neither any blood stained soil nor any marks or signs of marpeet there and recorded the statements of certain witnesses who made themselves available to him.