STATE OF RAJASTHAN Vs. BHEEKA

JUDGEMENT

(1.) HEARD the learned Public Prosecutor for the State and the learned Counsel for the respondents. The state has filed this appeal against the judgment dated 23.12.1978 passed by the learned Sessions Judge, Merta in Sessions Case No. 66/1977: State v. Bheeka and Ors. whereby the respondents were acquitted of the charges punishable under Sections 148, 302 and 302 read with Section 149 I.P.C. as well as Section 323 read with Section 149 I.P.C. and were convicted under Sections 304 Part II read with Section 149 I.P.C. and Bheeka, Gordhan, and Rati Ram were also convicted under Section 447 I.P.C. Feeling aggrieved by the verdict of acquittal in respect of charge under Section 302 read with Section 302/149 I.P.C. the State has field this appeal.

(2.) THE learned Public Prosecutor has submitted that the acquittal of the respondents in respect of charges punishable under Sections 302 and 302 read with Section 149 I.P.C. is against law and facts and deserves to be set aside. On the other hand, the learned Counsel for the respondents has submitted that the judgment delivered by the learned Sessions Judge is just and proper and, therefore, does not call for any interference by this Court in this appeal.

(3.) THE facts of the case may be briefly summarised -as below : On 28.6.1977 at about 4.45 P.M. on Chhoturam personally submitted a first information report in writing at the Police Station, Mundwa and alleged therein that on that day in the morning his brother Lichhmanram his daughter Kanwarai and first informant's son and daughter went to the field. When they were present in the field at about 12.12.30 P.M. Bheeka, Pema, Ratia, Gheesa and Gordhan came to the field and attacked Lichhmanram with lathis and caused several injuries to him. It was also stated in the first information report that Sukharam, Bhanwarai and Kanwarai were also beaten by the above named persons and on hearing the alarm when Rampal and Lichhman son of Banshi Mali rushed to the spot the assailants fled away. According to the first information report the information about the incident was given to Chhoturam by Lichhman son of Banshi Mali and thereafter Chhoturam alongwith Tulsiram Gehlot, Bheem Puri, Nainaram, Dalaram, Sita Ram etc. went to the field where his brother was lying in an unconscious condition and blood was coming out of the wounds of his head. The injured Lichhman was taken to the hospital in an unconscious condition. Since the condition was serious, he was advised to take him to Nagaur Hospital. Consequently Lichhman was taken to Nagaur. The cause of incident as mentioned in the first information report was that the assailants used to graze their chattel in the field of Lichhman where the crop was standing and when Lichhman objected to it he was beaten with lathis. On the basis of the report given by Chhotu the police registered a case under Sections 307, 147, 148, 149, 447, 427 and 323 I.P.C. and after usual investigation a challan was submitted in the court of Munsif and Judicial Magistrate, Nagaur who ultimately committed the case to the Court of Sessions Judge, Merta.