GARG, J. - (1.) THIS appeal has been filed by the State of Rajasthan against the judgment and order dated 4. 9. 92 passed by the Learned Additional Sessions Judge, Churu in Sessions Case No. 35/1992 whereby he acquitted the accused respondent for offence under Sec. 307 I. P. C.
(2.) THIS appeal arises in the following circumstances:- i) On 31. 10. 88 P. W. 7 Ram Narayan lodged a written report Ex. P/6 before police Station Rajgarh, Dist. Churu at about 1. 45 a. m. stating that on 30. 10. 88 at about 9. 30 in the night when he was passing through the lane, he was stopped and attacked by the accused respondent with Barchhi with an intention to murder him and accused respondent was crying that "he would certainly kill him" and after each cry, he was causing injuries to him with Barchhi and thus he gave so many blows and made him severely injured. After hearing cry of P. W. 7 Ram narayan, his younger brother P. W. 6 Girdhari came there and the intervened in the matter and saved him and apart from P. W. 6 Girdhari, this incident was witnessed by P. W. 5 Bhagwan Ram and P. W. 4 Nand Ram. On this report police chalked out regular FIR Ex. P/7 and started investigation. During investigation, P. W. 7 Ram Narayan was got medically examined by P. W. 2 Dr. Megh Singh and he found 14 injuries on his person and his injury report is Ex. P/3 and the x-ray report is Ex. P/1 but no fracture was found and during investigation, the respondent was arrested through Fard Ex. P/10 on 21. 11. 88 and during investigation, he gave information to P. W. 8 Shiv Chand for recovery of barchhi and the same is ex. P/11 and through Fard Ex. P/12, he got recovered one Barchhi before P. W. 3 Dana Ram and Gulab Singh. That after usual investigation, the police submitted challan against the accused respondent for offence under Sec. 307 I. P. C. On 5. 6. 91 the learned Additional Sessions Judge framed charge for offence u/s. 307 I. P. C. against the accused respondent who pleaded not guilty and claimed trial.
(3.) DURING trial, as many as 8 witnesses were produced on behalf of the prosecution and statements of accused respondents were recorded under Sec. 313 Cr. P. C. and two witnesses were examined in defence. After conclusion of the trial,the learned trial Judge acquitted the accused respondent for the charge framed against him through his judgment and order dated 4. 9. 92 inter alia holding: i) That P. W. 5 Bhagwana Ram and P. W. 6 Girdhari are interested witnesses and no reliance can be placed on them. ii) That no independent witness has been produced. iii) That evidence of so called recovery of Barchhi has got no evidentiary value in absence of FSL report. iv) That in site plan Ex. P/13, the place where witnesses were standing has not been shown and thus the learned Additional Sessions Judge acquitted the accused respondent after giving him benefit of doubt. Aggrieved from the said judgment and order dated 4. 9. 92 this appeal has been filed by the State of Rajasthan. ;