SAHABRAM Vs. SAHABRAM & ANR.

JUDGEMENT

(1.) The D.B. Cr. Leave to Appeal No.107/2008 has been preferred by the State to challenge the judgment of acquittal passed by the Court of Addl. Sessions Judge (Fast Track) No.2, Bikaner in Sessions Case No.126/2006 dated 18th Sept., 2007 by which the learned trial court acquitted the respondent Sahab Ram S/o Nand Ram for charge under Sec. 302 Penal Code by giving benefit of doubt.

(2.) D.B. Cr. Revision Petition No.406/2008 has been preferred by the complainant who is also of the same name i.e., Sahab Ram but son of Bhadar Ram. The complainant by preferring the revision petition challenged the same judgment dated 18th Sept., 2007 referred above.

(3.) The complainant Sahab Ram submitted a written report at Police Station Poogal on 23rd Oct., 2006 that on 21st Oct., 2006 he was in his Dhani with his family and in the night at 10.00 PM, the accused Sahab Ram S/o Nand Ram came to his Dhani and called complainant's son Sohan Lal to come out and the accused shouted that he will not spare him (Sohan Lal) and will kill him. The complainant father of Sohan Lal gave a counter shout, upon which the accused went away, but came within 10 minutes with one Lathi and again called complainant's son Sohan Lal, upon which the complainant's son came out from his house and according to the complainant, the complainant's son went with the accused to make the accused understand. However, when they reached towards the road, the accused hit the victim with the Lathi. Hearing the shouts, the complainant, his sons Mohan Lal and Madan Lal ran towards the place of occurrence. Seeing complainant and his two sons coming, the accused ran away. It is stated in the complaint that from the beating given by the accused, the complainant's son Sohan Lal suffered injuries on head. The victim son of the complainant was take to the hospital where he was given medicine, but there was no proper facility of the treatment of the victim in the said village hospital, therefore, the victim was taken to PBM Hospital, Bikaner where he was admitted on 22nd Oct., 2006. It is stated that the accused Sahab Ram contested Ward Panch election wherein the complainant and his family members did not give vote to the accused and, therefore, the accused has killed the complainant's son Sohan Lal. On the basis of alleged incident of 21st Oct., 2006, FIR was submitted on 23rd Oct., 2006 and formal FIR was registered and investigation started. The site map and reports were prepared. The blood soil and sample soil were seized and seizure memo Ex.P/6 was prepared. The deceased cloths were also seized and their seizure memos were prepared. The postmortem report Ex.P/10 was obtained. The victim suffered following injuries:-