STATE Vs. NATHILAL

JUDGEMENT

(1.) THE State of Rajasthan has preferred this appeal against the judgment dated 17.10.2002 passed by learned Additional District and Sessions Judge (Fast Track) No. 2 Bharatpur (Rajasthan) (hereinafter to be referred as 'the learned trial Court') in Sessions Case No. 74/2001 by which he acquitted the accused -respondents for the offences under Section 307, 307/149, 326, 326/149 IPC but convicted the accused -respondent No. 1 for the offences under Section 148, 325, 324/149 and 323/149 IPC and rest of the accused -respondents for the offences under Sections 148, 325, 325/149, 324/149 and 323/149 IPC but released all the accused -respondents by giving benefit of Section 4 of Probation of Offender Act 1958.

(2.) IN brief, the facts of the case are as under: Complainant Mathura S/o Rajaram (PW.l) lodged a written report (Ex. P./1) in police Station Kumher with this effect that today at 6 -6.30 P.M. he and his brother namely jagdish, Thakuralal, Mahesh and Ramwati W/o Jagdish were taking inside his house at that time accused -respondents Nathi S/o Pyare, Shivram, Parsaram S/o Nathi, Hardev S/o Nathi, Shymo W/o Nathi, Shakuntla W/o Shivraj, Lila W/o Parsaram, Indra W/o Hardev, Omwati D/o Nathi with a common intention armed with Lathi, Farsa in their hand were entered in their house with a intention to kill them and on entering they gave beating to his brother Jagdish, Thakuralal, Mahesh and their 'Bhabhi' Ramwati by lathi, farsa. Due to this, they sustained grievous injuries on head, mouth, hand and legs. On hue and cry the Prakash and Radheyshyam and other villagers came and they escaped they saw the incident.

(3.) AFTER investigation the police filed a challan before the Court of Additional Judicial Magistrate, 1st Class, No. 1, Bharatpur. Thereafter, the case was committed to the Court of Sessions Judge, Bharatpur. The learned Sessions Judge transferred the case to the learned Special Judge Decoti affected Area, Bharatpur where the case was committed the learned trial Court.