STATE Vs. RAMCHARAN

JUDGEMENT

(1.) The State of Rajasthan has preferred this appeal against the judgment and order dated October 30, 1984 passed by Sessions Judge, Jhalawar (Raj.) in Case No. 23/83 by which he acquitted the accused -respondent Ramcharan for the offence under Sec. 307 IPC. The necessary facts giving rise to this appeal in short are as follows: - -

(2.) That a First Information Report (Ex. P -10) was lodged by Mangu Singh (PW -14) Medical Officer, Government Hospital, Sarol on December 8, 1982, in Police Station Sarol at about 10.15 P.M. in which he has stated that one Udaylal (PW -13) Postmaster was admitted by the Villagers as an unconscious condition and he is having injury on the head. The SHO registered the case and sent Prabhu Dayal (PW -11) to hospital and he reported that Uday Lal injured has been beaten by some unknown person.

(3.) Upon the said information, the SHO has lodged the FIR No. 91/82 under Sec. 307 IPC. On December 20, 1982, the police arrested accused -respondent Ram Charan. On December 25, 1982, the statements under Sec. 161 Cr.P.C. of Uday Lal was recorded.