STATE OF RAJASTHAN Vs. MAHENDRA SINGH

JUDGEMENT

(1.) This is an appeal filed by the State of Rajasthan challenging the order of acquittal passed on 5.10.1978 by the learned Sessions Judge, Sriganganagar in Sessions Case No. 110/77 acquitting the accused-Mahendra Singh for the offence under section 302, IPC.

(2.) The prosecution story stated briefly is that on 22.9.1977 at about 7.15 in the evening, the deceased-Amrit Lal was drinking water from the tap when accused-Mahendra Singh went to him and starting abusing in relation to his earlier conduct in removing Lohari from the villages. It is then alleged in the first information report that when the deceased-Amrit Lal straightened from the tap after consuming drinking water, he was stabbed by the accused in the stomach and when the witnesses ran towards the deceased, the accused ran away. On the basis of this information, investigation was conducted by the police and the accused was arrested and challaned during the course of sessions trial. The prosecution examined 12 witnesses and two witnesses were examined as Court-witnesses. On appreciation of entire evidence the learned Judge came to the conclusion that the accused is not guilty of any offence and therefore, proceeded to acquit him by the judgment impugned in this appeal.

(3.) With the assistance of the learned Public Prosecutor and the learned counsel for the accused, we have re-appreciated the evidence and scrutinised the documents reliance on which was placed by both the parties for their respective contentions.