STATE OF RAJASTHAN Vs. LAKHAN SINGH

JUDGEMENT

(1.) The instant appeal has been preferred by the State of Rajasthan for assailing the judgment dtd. 11/10/2017 passed by the learned Additional Sessions Judge No. 1, Hanumangarh in Sessions Case No. 22/2016 whereby, the respondents were acquitted of the charges under Ss. 342 and 302 read with Sec. 34 I.P.C.

(2.) Brief facts relevant and essential for the disposal of the appeal are noted herein below:-

(3.) On the basis of the report, an F.I.R. No. 294/2011 (Ex.P5) was registered at the Police Station Pilibanga for the offences under Ss. 302, 342 and 143 I.P.C. and investigation was commenced. After investigation, a charge-sheet was filed against Rajveer, Lakhan Singh and Ramswaroop for the offences under Ss. 302, 343 and 34 I.P.C. Since the case was Sessions triable, the same was committed to the Court of Sessions Judge, Hanumangarh from where, it was transferred to the Court of the Additional Sessions Judge No. 1, Hanumangarh for trial. The Trial Court framed charges against the accused for the above offences. The accused pleaded not guilty and claimed trial. The prosecution examined as many as 12 witnesses and got 14 documents exhibited in support of its case. The accused, upon being questioned under Sec. 313 Cr.P.C., denied the prosecution allegations, claimed to be innocent and stated that a false case had been foisted against them. Four documents were exhibited but no oral evidence was led in defence. The Trial Court, while concluding the matter, took note of the fact that Harikishan himself gave a statement (Ex.D4) on 13/7/2011 to the officers of the Police Station Pilibanga wherein, he only alleged that he was having a perception of threat to his life at the hands of the accused. In this statement, there was no allegation whatsoever that the accused had assaulted Harikishan on the previous night. The Trial Court also took note of the fact that an application (Ex.D3) under Sec. 107-116 read with Sec. 151 Cr.P.C. was registered at the Police Station Pilibanga a day before lodging of the F.I.R. in which, there is no allegation whatsoever that the accused assaulted and caused injuries to the deceased. The accused were arrested in relation to that complaint on 13/11/2011 vide arrest memo Ex.P3 and in these proceedings, all that has been mentioned is that the accused were showing an offensive intent. Relying on these important/significant documents amongst which, the statement of Harikishan (Ex.D4) dtd. 13/7/2011 was of prime importance, the trial Court held that the allegations set out in the belated F.I.R. dtd. 14/7/2011 that the accused assaulted the deceased by fist and kick blows in the night intervening 12/7/2011 and 13/7/2011 stood falsified from the material omissions and contradictions existing inter-se between the F.I.R., the sworn testimony of the alleged eye-witnesses and the statement of the deceased himself as well as the complaint lodged under Sec. 107-116 Cr.P.C. on 13/7/2011. Considering these omissions, improvements and embellishments to be material and going to the root of the matter, the trial Court proceeded to acquit the accused of the charges.