SMT. RAMI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant cr. revision petition has been filed by the petitioner Rami Devi W/o late Sh. Ramkaran under section 397 and 401 Crimial P.C., 1973 against the judgment dated 27.6.2002 passed by the learned Addl. Sessions Judge (FT), Nagaur in Sessions Case No. 48/2001 (53/1997) whereby the learned trial court acquitted the respondents from the offences under Sections 323, 324, 447 and 302 Penal Code and in alternative under Sec. 302/34 IPC.

(2.) As per facts of the case the deceased Ramkaran gave written report at Police Station Jayal on 28.8.1997 at 2.30 pm alleging therein that today at about 10 am when he was looking after the crop of Bajra and Moong in my agricultural field situated on the way of village Jakhan, at that time, the accused Rampal, his won Akha Ram, his wife Baori and daughter Sarda came there having weapon Parsi, Spear (Bhala) and Kassis in their hands and they attacked upon him. According to the complainant, the respondent Rampal gave Parsi blow on his head and Akharam gave spear blow and due to those injuries he fell down on the ground and, thereafter, all of them gave him beating mercilessly. Upon raising hue and cry, one Ganesh Ram S/o Moti Ram and Hari Ram S/o Kana Ram who were going to their agricultural field came and intervened then accused respondent ran away from the place of occurrence. Thereafter, he was taken to Jayal for treatment along with Jeetu Ram.

(3.) Upon aforesaid report, FIR No. 78/97 was registered at Police Station Jayal against respondents under Sec. 447, 323 and 324 Penal Code and investigation was commenced. During the pendency of the investigation, Ramkaran died, therefore offence under Sec. 302 Penal Code was added in the FIR.