STATE OF RAJASTHAN Vs. LOKENDRAPAL SINGH AND ANOTHER

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dated 28.3.1997 whereby the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Baran has acquitted the accused respondents Dhanpal Singh and Lokendrapal Singh in the offences under Sections 307, 323, 325, 380 I.P.C., and Sec. 27 of the Arms Act.

(2.) The occurrence of this case is alleged to have taken place on 25.9.1994 at 10.30 A.M., in village Bhavgarh Distt. Baran. It is stated that the injured PW-7 Ratan Pal Singh was sitting under the tree of sl Chezari'. His son Giriraj Pal Singh and tractor driver Ramesh Meena were working in the field. Meantime, Shri Mohan Lal Meena and Bajrang Lal Meena alighted from a bus and joined him there. Both Mohan Lal and Bajrang Lal suddenly got up. The complainant Ratan Pal Singh asked them as to why did they get up suddenly. Soon after it, the pallets of cartridge fired from the gun hit his back. He looked at the back and found accused Lokendra Pal Singh armed with a gun in his hand aimed towards him. The complainant immediately lied down on the ground. Thereafter, he opened one more fire and fled away. Meanwhile, his son PW-1 Giriraj Pal Singh came there to whom the complainant narrated the entire incident.

(3.) The accused Dhanpal Singh was charged for the offences under Sec. 307 in alternate 307/34, 325 and 323 of I.P.C. and his son Lokendra Pal Singh was charged for the offences under Sec. 307 in alternate 307/34, 323, 325 in alternate 307/34, 325/34 and 323/34 of I.P.C. and 380 of I.P.C. and Sec. 27 of the Arms Act. Both the accused did not plead guilty to the charge and claimed trial. The prosecution, in order to further its version, has examined as many as 15 witnesses. Both the accused in their explanation under Sec. 313 of Crimial P.C., claimed innocence and on completion of trial both were not found guilty for the aforesaid charges and thus acquitted as indicated hereinabove.