STATE OF RAJASTHAN Vs. RAMESH CHAND AND ORS.

JUDGEMENT

(1.) The State of Rajasthan has preferred this appeal under section 378(i)(iii) Cr.P.C. against the judgment of acquittal dated 6.8.2003 passed by learned Addl. Sessions Judge (Fast Track) S.No. 1, Kota, Jaipur (for short 'the learned trial Court') in Sessions Case No. 75/03, whereby it challenged the Judgment of acquittal for the offence under sections 307, 307/34 and 323 IPC. Brief facts of the case are that complainant Dharam Singh, submitted a parcha-bayan on 18.03.2003 to this effect that near about 6.00 PM Badrilal, Ramswaroop, Ramesh, Durgalal were going to their field by their own tractor for taking the wheat, at that time he was going from house to wash his mouth. When he refused not to do so then Ramswaroop, Ramesh, Sanjay and Durgalal after stopping the tractor and giving abusive language came to him and started beating with 'dansiya'. Ramswaroop and Sanjay inflicted injury on his person by 'dansiya'. When he cried then Pushpchand, Ramlal came, these persons also gave beating to him.

(2.) The police on the basis of this parcha-bayan, registered an FIR No. 26/2003 for the offence under sections 308, 341, 34 IPC and after investigation the Police submitted challan against the accused respondents.

(3.) The charges were read over and explained to the accused-respondents, who pleaded not guilty and claimed trial.