STATE Vs. DILIP SINGH

JUDGEMENT

(1.) THE State of Rajasthan has preferred this appeal against the judgment dated 30.9.2004 passed by learned Additional District and Sessions Judge (Fast Track), Baran (hereinafter to be referred as 'the learned trial Court') in Sessions Case No. 54/2004, by which he acquitted the accused respondents for the offence under Section 307/34 IPC but convicted the accused -respondent No. 1 Dilip Singh for the offence under Section 324 IPC and released him on probation by giving benefit of Probation of Offender Act and also imposed a fine of Rs. 500/ - to be deposited in the learned trial Court under Section 5 of the Probation of Offenders Act.

(2.) IN brief, the facts of the case are as under: On 6.1.2004, complainant Sitaram (PW. 2) given a Parcha Bayan (Ex. P/2) before the Police in M.B.S. Hospital, Kota in which he has stated that when he was standing outside the house, at that time accused -respondents came. Accused -respondent Dilip having Chura in his hand and Mahendra is having lathi in his hand the accused -respondents stated that kill me and Dilip ran alongwith Chura and started attacking on my heart and when he turned behind to escape then the Chura hit him on his right shoulder and blood is came then accused -respondent Mahendra hit him lathi on his shoulder. At the time of incident Mohanlal (PW. 1) and Lakshmi Chand (PW. 4) and others Villages of the Village were also present. The accused -respondents with an intention to kill him gave beating by Chura & Lathi.

(3.) AFTER investigation the police filed a challan against the accused -respondents for the offences under Section 307, 341 and 34 IPC before the learned Judicial Magistrate, Anta where the case was committed to the learned District and Sessions Judge, Baran and ultimately the case was transferred to the learned trial Court.