STATE Vs. RAMAVTAR

JUDGEMENT

(1.) THE State of Rajasthan has preferred this appeal against the judgment dated 28. 3. 2001 passed by learned Addl. Sessions Judge, Rajgarh Distt. Alwar (hereinafter to be referred as `the learned trial Court') in Criminal Case No. 23/2000 by which he acquitted the accused-respondent No. 1 Ramavtar Meena for the offence under Section 307 IPC and accused Ram Khilari for the offence under Section 307/34 IPC.

(2.) IN brief, the facts of the case are as under:- On 6. 11. 1999 complainant (PW. 2) gave a parcha bayan in the hospital of Rajgarh before the Assistant Sub INspector of Police, Rajgarh in which he had stated that at about 2. 30 P. M. he went to bus stand Bigota for carrying tyre, then in the way accused- respondents demanded money for drinking liquor and when on denial, the accused-respondent No. 2 Ram Khilari gave a lathi blow to him and accused-respondent No. 1 Ramavtar gave a knife blow on his stomach and they snatched him away Rs. 20,000/ -. (Twenty thousand only) and one INdraj Meena (PW. 4) had taken him in the hospital.

(3.) AFTER conclusion of the trial the learned trial Court vide its judgment dated 28. 3. 2001 acquittal the accused-respondents from the offence charged against them holding interalia that the prosecution has not been able to prove its case beyond all reasonable doubts against the accused-respondents.