G.K.VYAS, J. - (1.) THE instant appeal has been filed by the complainantappellant Smt. Pepi Devi W/o Late Sh. Rama Ram, resident of Chhota Lotiwada, Police Station Barloot, Tehsil Sheoganj, District Sirohi under Section 372 Cr.P.C. against the judgment dated 9.10.2014 passed by the Special Judge (SC/ST) (Prevention of Atrocities Cases), Sirohi (hereinafter referred to as the learned trial court for short) in Special Case No.2/2012 whereby the learned trial court acquitted the accused respondents nos. 2 to 4 from the offences under Sections 341, 302/34 IPC and under Section 3(2)(v) of the SC/ST Prevention of Atrocities Act, 1989.
(2.) AS per the brief facts of the case a written report Ex.P/1 was filed by the complainant -appellant Pepi Devi on 20.5.2012 at about 5.00 P.M. at Police Station Barloot District Sirohi alleging therein that on 18.5.2012 her husband Rama Ram leave the house to left her daughter Manju to her matrimonial home Naradara on motor cycle. While returning from Naradara to Lotiwada on bridge, Raga Ram, Moti Ram Sharwan, Ramesh and Shambhu Singh intervened and assaulted him by Lathis and axe. According to the complainant, Rama Ram was taken to the dispensary of village Javal for treatment from where he was referred to Ahemdabad and injured Rama Ram taken to Civil Hospital, Ahemdabad where during treatment, he died on 20.5.2012.
(3.) UPON aforesaid complaint, the FIR no.38/2012 was registered at Police Station Barloot, District Sirohi under Sections 148, 149, 341, 302 IPC and under Section 3(2)(v) of the SC/ST Act. After registration of the FIR investigation was commenced and finally, the charge -sheet was filed under Section 341, 302/34 IPC and under Section 3(2)(V) of the SC/ST Act cases against three accused namely Raga Ram, Moti Ram and Shambhu Singh. The learned trial court after framing the charges against the accused non -petitioners for aforesaid offences commence the trial and in the trial the statements of 29 prosecution witnesses were recorded out of which PW -18 Gopal @ Gopa Ram, PW -19 Shaitan Singh, PW -20 Hadam Singh and eye witnesses PW -8 Champa Lal, PW -10 Keva Ram and PW -13 Shanker Lal turned hostile and did not support the prosecution case. The prosecution relied upon the statement of PW -15 Basi Kumari D/o late Sh. Rama Ram and PW -1 Pepi Devi (complainant appellant) to establish the prosecution case. The other witnesses are the witnesses of police. In the trial 45 documents were exhibited and after recording statements of prosecution witnesses, the statement of all the non -petitioners were recorded under Section 313 Cr.P.C. In defence no evidence was produced but 6 documents were exhibited and after that final arguments were heard by the learned trial court.;