Narendra Kumar Jain, J. - (1.) HEARD learned Counsel for the parties.
(2.) THE State of Rajasthan has preferred this appeal against impugned judgment and order dated 21.07.1981 passed by Sessions Judge, Alwar in Criminal Case No. 14/1981 whereby learned trial court acquitted all the five accused respondents namely (1) Kalya son of Shri Prahlad; (2) Ramdhan son of Shri Kalya; (3) Rameshwar son of Shri Kalya; (4) Bodha son of Shri Kalya and (5) Jaily son of Shri Kalya from the charge under Sections 147, 302, 302/149, 323, 324/149 and 325/149 IPC. Necessary facts in brief for disposal of the present appeal are that P.W. 1 Rameshwar son of Kanha lodged a report, Exhibit P -l, at Police Station Narainpur District Alwar in respect of present incident wherein one Prabhata died and eight persons sustained injuries. The Police registered FIR No. 37 under Sections 302, 147, 148, 149 IPC and started investigation. After completion of the investigation, the Police submitted a charge sheet against five accused respondents. The case was committed for trial to the Court of Sessions Judge who framed charge against the accused persons for the above offences.
(3.) IN support of its case, the Prosecution examined P.W.1 to P.W.17 and also produced documentary evidence Exhibit P -l to Exhibit P -43. Thereafter statements of the accused persons were recored under Section 313 Cr.P.C. In defence, the accused persons examined D.W.1 to D.W.3 and also produced documentary evidence. The trial court after considering material available on record and submissions of learned for the parties, acquitted all the accused persons. Being aggrieved with the same, the State of Rajasthan preferred an application for leave to appeal before this Court which was granted and the appeal was registered.;