STATE Vs. HANSRAJ

JUDGEMENT

(1.) THE State of Rajasthan has preferred this appeal against the judgment dated March 12, 2004 passed by learned Additional District and Sessions Judge (Fast Track) No. 1, Baran, (Rajasthan) (hereinafter to be referred as the learned trial Court') in Sessions Case No. 7/2003, by which he acquitted the accused respondent No. 1 Hansraj, No. 2 Amarlal and No. 3 Om Prakash for the offences under Section 307, 324, 324/34 and 326/34 IPC and accused respondent No. 4 Nandlal for the offence under Section 3/27 of Indian Arms Act.

(2.) IN brief, the facts of the case are as under: On 7.2.2002, complainant Hemraj (PW.1) submitted a written report in Police Station Sadar, Baran with this effect that on 7.2.2002 at about 6 -6.30 P.M. when he and one Promod Kumar (PW. 3) were going on motor cycle in the field to start Motor, suddenly when they reached near the Om Prakash Gupta from the road and went through the side of Atru, suddenly from the body of Chottumal Meena the accused -respondent No. 3 Om Prakash Meena fired upon them. Upon which he received injuries from backside of head and feet from Chara. He jumped from the motor cycle and rah towards Panchayat, on that the accused -respondent No. 2 Amar gave second fire that hit to Promod Kumar on his head and eyes, the accused -respondent No. 1 Hansraj gave third fire to him but he has not received any injury. Lastely, he stated that the accused -respondents wanted to kill them and gave them fire from pistol and they sustained injury. He has also stated in his report that Hemraj (PW. 1) and Komal (PW.7) seen the incident.

(3.) AFTER investigation the police filed a challan against the accused -respondents for the offences under Section 307, 326, 324, 323/34 IPC before the Chief Judicial Magistrate, Baran where the case was committed to the Court of Sessions where the case was transferred to the learned trial Court.