M.C.JAIN, J. - (1.) THE respondents were acquitted by the learned Sessions Judge, Alwar of the offences Under Sections 302 and 302/34 I.P.C., by the judgment dated 27 -3 -73.
(2.) GAGRU P.W. 2 lodged a report at the Police Station Kishangarh on 25 -11 -72 at about 11 A.M. to the effect that his 'Sarson' Crop was standing in his field Pipalwala. On 24 -11 -72 he was informed by Roozdar P.W. 3 in the morning that his 'Sarson' crop has been uprooted and removed by the accused Laxmansingh. On this information he visited his field and found that his Sarson crop has teen uprooted and saw that foot prints were proceeding towards the field of Laxmansingh. He went to the village and there from visited the field of Laxmansingh along with Prem since deceased, Ramjilal, Banshilal P.W. 1 and Chhagan Singh. They found the uprooted crop covered with 'Kadvi' (Cattle fodder). Gagru demanded the return of the crop, but Laxmansingh resisted and there upon, according to Gagru, Laxmansingh Indersingh Bundisingh and Mst. Jeetu Bai responcents pounced upon his son Prem and inflicted lathi blows on him. The lathis had iron shods. A case under Section 379 I.P.C. was registered by the S.H.O. and the investigation was handed over to the Heed Constable Radheshyam. Radhey Shyam P.W. 6 then visited the spot and prepared the site plans and site motes Ex. P. 6 and Ex.P. 7. The accused persons were arrested. The 'Sarson' crop was seized from the field vide Ex.P. 12. The injured Prem was medically examined on 25 -11 -72. The injured died on 27 -11 -72, at 6.10 p.m. Thereupon the case was concerted under Section 302 I.P.C. Autopsy was conducted on the dead body on 28 -11 -72. Dr. P.S. Vijjan P.W. 8 on 25 -11 -72 found the following injuries on the person of Prem: 1. Tender swelling (haemotomma) with suspected fracture skull underneath 6 CM x 4 CM. in the left fronto temportal region of skull. 2. An abrasion 6 CM x 3 CM on right side of neck. 3. A tender haemotomma 4 CM x 3 CM on the top of skull. Injuries Nos. 1 and 3 were grievous. On Post Mortem Examination the external injuries were confirmed and the following internal injuries were found: 1. There was collection of dark blood on the top of skull and left side of skull beneath the scalp. There was fissured fracture about the middle of left parietal running vertically for 8 CM. towards left ear. Fronto -Parietal Suture on left side extending to 1/2 side of right side Widened. 2. Fracture of Extends for 2 CM. from the suture on the frontal bone. 3. There was collection of bleed beneath the membrane which was clotted. 4. Frontal and left hemisphere of brain show collection of blood which extends to upper part of the right hemisphere.
(3.) IN his opinion Prem died due to multiple skull fractures and intra -cranial haemorrhage. After completion of the investigation challan was pat up and the trial was conducted by the learned Sessions Judge, Alwar for the offences Under Sections 302 and 302/34 I.P.C. At the trial the prosecution examined Bansi P.W.1, Gagru P.W.2. Roozdar P.W.3, Ishab P.W. 4, Kailashanker P.W.5, Radheshyam P.W.6, Tulsiram P.W. 7 and Dr. P.S. Vijjan P.W. 8 The statements of accused were recorded under Section 342 Cr.P.C. in which they denied the prosecution story. Laxmansingh accused stated that the truth is that Gagru, Hayatkhan, Banshi and Roozdar had come to his field. They removed crop of Gagru, which he denied. There upon they opened an attack on him as a result of which he sustained lathi blows at the hinds of Prem. He was medically examined by Dr. Satpal Yadav D.W. 1 on 25 -11 -72 and the following injuries were found on his persons: 1. Lacerated wound 1.75 C.M. x 75 x 2 CM on the palmmer aspect of distal phalynx of right thumb obliquely in direction. 2. Swelling of planar aspect of right index finger in its proximal and middle phalynx region Three witnesses Dr. Satpal Yadav D.W. 1, Chhotelal D.W. 2 and Khandan Singh D.W. 3 were examined in defence. After hearing the arguments the learned Sessions Judge found the accused persons not guilty of offences, with which they were charged. The prosecution version was found doubtful and the learned Sessions Judge was of the opinion that the preponderance of probabilities goes to establish that if at all Laxmansingh and Mst. Jeetu Bai struck lathi blows on Prem, it was in the right of private defence. So their act is exempted in law from any criminal liability. The learned Sessions Judge after holding that the death of Prem was homicidal, dealt with the matter under various heads viz. delay in filing the First Information Report, delay in recording the statements of the eye Witnesses, unnatural conduct of Statements of the eye witnesses, unnatural conduct of the eye -witness different versions in the First Information Report. Police statements and statements in the Court about the prosecution story and its effect on the case. As a result of his findings the learned Sessions Judge acquitted the accused respondents. Hence this appeal by the State. ;