STATE OF RAJASTHAN Vs. SATYANARAIN

JUDGEMENT

(1.) The State of Rajasthan has preferred this appeal under section 378(i)(iii) Cr.P.C. against the judgment of acquittal dated 21.02.2002 passed by learned Chief Judicial Magistrate, Bundi (Raj.) (Hereinafter to be referred as 'the learned trial Court') in criminal case No. 39/1996 by which he acquitted the accused-respondent Satyanarain for the offence under sections 341, 323, 324, 325 and 326 IPC and the accused respondent Shrawan for the offence under sections 341, 323, 324, 325/34 and 326/34 IPC.

(2.) Brief facts of the case according to the prosecution are that on 27.10.1995 complainant Gajjan Singh was going to his own field to take food-grain by ox-cart and in the way, he found accused Shrawan and Satyanarain and they after stopping the complainant started to quarrel regarding water. Immediately thereafter, the accused respondents started to give beating. Accused Satya Narain caused injury by gandasi on the right hand and accused Shrawan inflicted injury by iron rod and because of which injury blood started to ooze out from the person of injured and he fell down. Thereafter, both the accused persons started to give beating to him. He further stated that this incident has been seen by witness Shaktar and Gurcharan Singh. The accused persons gave beating to him with intention to kill him. .

(3.) On the basis of this oral information, the Police registered an FIR against the accused respondents for the offence under sections 307/34 IPC. The Police after usual investigation submitted challan against the accused-respondents for the offence under sections 307/34 IPC.