STATE OF RAJASTHAN Vs. BABU

JUDGEMENT

(1.) This is an appeal filed by the State against the judgment of the learned Assistant Sessions Judge, Bharatpur dated 31-1-1972 by which Babu, Karansingh, Harbhan, Charna, Bihal, Shersingh, Bholi and Gyasi accused were acquitted of the charges under Sections 148, 307, 447 and 307 read with Section 149 IPC.

(2.) The prosecution case against accused persons including Babu respondent was as follows : Bhagwat son of Gordhan Brahmin resident of Helak filed a complaint against Babu and other aforesaid accused persons, under Sections 307 324 and 447 IPC in the court of the Munsif Magistrate Bharatpur. It was alleged in the complaint that Babu Respondent and other seven aforesaid accused persons formed an unlawful assembly with a common object to cust the complaint from his fields comprised in Khasras Nos. 111 and 112 situated in village Jhadoli and in prosecution of the said common object entered the fields of the complainant having armed themselves with lathies and spades. After gaining entry into the fields, the accused persons started constructing a boundary wall. Bhagwat complainant his daughter-in-law and his grand-son Shriram prevented the accused persons from constructing the boundary wall Thereupon, the accused persons pushed aside the complainant and his daughter-in-law and administered a beating to them with slaps and fist blows Shriram also was given a blow on his head with a spade by Babu Respondent at the instigation of his associates. As a result of the blow, Shriram sustained a serious injury on his head which bled profusely. Shriram was taken to be dead by the accused persons who immediately ran away from there after the occurrence. Shriram was soon removed from the scene of offence to Bharatpur for medical examination and treatment of the injury. Dr D P. Mishra PW 1 examined the injury of Shriram and found one incised wourd 3 5 cm x 1 cm, x bone-deep on the left side of occipital region of scalp. In the opinion of the doctor, the injury was simple in nature and caused by shary edged weapon. The duration of the injury was 24 hours and it was likely to cause death.

(3.) Upon receiving the complaint filed by Bhagwat, the learned Magistrate Bharatpur examined the complainant on oath, held a preliminary inquiry into the truth of the allegations made therein and upon finding a prima facie case issued process against all the eight accused persons under Section 307, 324 and 447 IPC. The accused persons put in their appearance in the court and faced an inquiry preparatory to the commitment. The learned Magistrate after holding the inquiry and finding a prima facie case exclusively triable by the court of Sessions con mitted all the eight accused persons to the count of Sessions Judge Bharatpur for trial under Sections 148, 307, 447 and 307/149 IPG. It appears that the Sessions Judge, Bharatpur transferred the case to the court of Assistant Sessions Judge, Bharatpur, for trial according to law. The Assistant Sessions Judge tried all the accused persons including Babu Respondent and found them net guilty of the aforesaid charges. He consequently acquitted them of all the charges framed against them. Aggrieved by the order of acquittal the State has come up in appeal to this Court.