STATE OF RAJASTHAN Vs. MAHENDRA SINGH

JUDGEMENT

(1.) This criminal appeal has been filed by the State of Rajasthan with leave of the Court against judgment and order dated 25.07.1990 passed the Court of learned Special Judge, Dacoity Affected Area, Bharatpur, in Sessions Case No.15/1989, whereby the trial court has acquitted as many as 24 accused of the charge under Sections 147, 302/149, 449, 323/149 and 325/149 of the Indian Penal Code. This Court, while declining the leave to the State of appeal against acquittal of other 23 accused, granted such leave against only accused-respondent Mahendra Singh.

(2.) Brief facts of the case are that a written report was submitted by Puran (PW-2) under the signature of his brother Badan Singh (Badani) (PW-1) on 04.06.1988 with regard to the incident of previous day to Shri Narpat Singh, Station House Officer, Police Station Nadbai, alleging that there was a political rivalry between the accused-party and the complainant-party over a dispute of Panchayat elections. The accused entered the house of the complainant on 03.06.1988 at 8:00 AM armed with lathis . They were also having bricks and stones etc. They attacked and gave beating to Prabhu, Puran Singh, Ranno and Badani by lathis , bricks, stones and kicks and fists and caused them grievous injuries. Accused Mahendra Singh had wire-wrapped lathi in hands. He inflicted lathi blow on the head of Prabhu. Shivram and Dharam Singh caused injuries on the shoulder of Badan Singh by pelting bricks at him. Accused Munna inflicted a lathi blow on the face of Puran Singh. Jagveer inflicted a lathi blow on the forearm of right hand of Ranno S/o Prabhu. Atar Singh also caused injuries to Ranno on his right occipital region by pelting bricks at him. Radhey also caused injuries to Ranno by pelting bricks on his face. Remaining accused caused injuries to the members of the complainant party by lathis , bricks and kicks and fists. Prabhu sustained fatal injury on the head and his condition was critical. Other villagers intervened to save them. Prabhu and other three injured were taken to Hospital at Nadbai.

(3.) The police on receipt of aforesaid written report lodged the F.I.R. Prabhu was later taken to General Hospital, Bharatpur, where he succumbed to injuries on 08.06.1988 and therefore the offence under Section 302 IPC was added. Charge-sheet against 24 accused was filed for offence under Sections 147, 302/149, 449, 323/149 and 325/149 IPC and charges for the alleged offences were levelled against them, which they denied. The prosecution examined 12 witnesses and exhibited 25 documents. Learned trial court, vide impugned judgment and order dated 25.07.1990 acquitted all the accused, hence this appeal.