STATE OF RAJASTHAN Vs. JETHA RAM & ORS.

JUDGEMENT

(1.) Being aggrieved by the judgment of acquittal of the accused of the offences for which they were charged, rendered in Sessions Case No. 37/79 by the learned Sessions Judge, Bikaner on 17.3.1981, State of Rajasthan has preferred this appeal.

(2.) The incident occurred on 13.3.1979 in village Sarupdaser at about 8 in the evening where it is alleged that the accused persons duly armed with saila, barchhi, lathi assembled unlawfully with the common object to killing Uda Ram and injuring others on account of quarrel that pre-existed between the villagers. They attacked Uda Ram, Nand Ram, Magha Ram, Ram Chandra, Sukhi Ram, Arajan, Dula Ram, Teja Ram, Surja Ram and Rameshwar. Uda Ram died of the injuries sustained by him and others also received injuries. The quarrel pertained to common water feeder tank constructed by Amar Chand contractor for the villagers by which water was also taken by him for his brick kiln without paying separate charges. Since the accused persons were not agreeable, the water tank was destroyed by them. The quarrel of 13.3.1979 is alleged to have been caused for this issue.

(3.) Fifteen witnesses were examined by the prosecution to prove its case and five witnesses were examined by the defence to prove that even the presence of some of the accused persons on the date of the occurrence was not proved by the prosecution. On a careful appreciation of the evidence on record, the learned Sessions Judge came to the conclusion that the prosecution has failed to prove the guilt beyond doubt and he, therefore, acquitted all the accused persons of the charges for which they were prosecuted.