STATE OF RAJASTHAN Vs. MAKHAN SINGH AND OTHERS

JUDGEMENT

(1.) This State appeal is directed against the judgment dated 10.6.1982 passed by learned Sessions Judge, Raisinghnagar acquitting accused-respondent herein of offence under Secs. 307, 307/34, 326 & 324/34 and 323/34 IPC.

(2.) The briefly stated prosecution case is that on 17.10.1979 at 1.30 AM Baldeo Singh lodged a F.I.R. at police station Anoopgarh, stating inter alia, that there was a land dispute between his father and accused Pyara Singh etc. In pursuance of the judgment of the court, Naib Tehsildar delivered possession of the disputed land to him on 16.10.1979. In the intervening night of 16-17 Oct., 1979 while he was returning from the cinema and when he reached near bush of "Ker" the accused persons namely Makhan Singh, Karnail Singh & Pyara Singh came out from the bush and attacked on him. Karnail Singh was armed with Gandasi, Makhan Singh and Pyara Singh were also carrying Gandasi, the fourth man was armed with a lathi. They surrounded him and gave a Gandasi blow on his head, on account of which, he fell down. After he had fallen on the ground, the accused persons continued to give Gandasi and lathi blows on him, on account of which, he sustained injuries on head, neck and hand. The accused persons thinking him dead left the place. After some time, he got up and went to the house. His aunties Dhan Kaur and Gurmit Kaur attended him and reported the matter to their neighbour Shinghara Singh. On this information, police registered a case under Secs. 307, 326/34 Penal Code and proceeded with investigation.

(3.) The police laid charge-sheet against the respondents herein for offence under Secs. 307, 326 and 324/34 IPC. They pleaded not guilty and claimed trial. The prosecution in its support examined as many as eight witnesses and produced number of documents. In statement under 313 Cr.RC. the accused persons stated that they have been falsely implicated on account of the land dispute.