SHARMA, J. - (1.) THIS appeal is filed by the State of Rajasthan against the judgment dated 29.3.1996 passed by learned Additional Sessions Judge No.2, Udaipur whereby respondents Shanker and Gota were acquitted of the charges under Sections 302, 304/34 and 342 IPC.
(2.) IN nutshell, the case of the prosecution is that on 11 th July, 1994 at 2.30 p.m., PW -2 Velu wife of Mega Dangi made an oral complaint before Shambhu Singh A.S.I. P.S. Salumber (PW16) that a day before, in evening, after sunset, her son Dalla was going to bring oxes which were in the beed. After crossing Magri, he shouted "mare re mare re". Upon his shouting, she reached the site and saw that Shanker, Heera and Gota Meena had caught hold of her son and they were giving him beatings by stick. On asking her to stop, all the three warned her to go. Due to fear of beating, she moved a little and remained still. Thereafter, all the three caught her son and took him to the agricultural field of Shankariya Meena, she too followed and then, stood nearby. All the three persons untied dhoti of Dala and tied the hands of Dala by his Dhoti. Thereafter he was tied with a "khunta". Gota put the cloth in the mouth of Dala. Shanker inflicted 2 -3 injuries on the head of Dala by Koont from its sharpened side. She cried for help but since it was night, therefore, none came there. Due to fear, she wept whole night in her home. In the morning she saw thai blood was oozing from the head of Dalla and the Dala had died. Thereafter, she went to Methudi and narrated the whole story to Ex -Sarpanch Nathu Lal and returned to her house. As there was a dispute regarding land and fencing, due to which all the three had murdered Dalla.
(3.) A .S.I. Shri Shambhu Singh PW -16 reduced the above report into writing as Ex.P/15 and sent the same with Tej Singh Constable at P.S. Salumber for registering the formal F.I.R. As it was disclosing offence punishable under Section 302/34 IPC, an FIR No. 152/94 for offence under Section 302/34 IPC was registered at Police Station, Salumber and investigation was started.;