Gopal Krishan Vyas, J. - (1.) THE instant criminal leave to appeal has been filed by the State of Rajasthan under Section 378(iii) & (i) of Cr.P.C. against the judgment dated 18.4.2014 passed by learned Addl. Sessions Judge, Abu Road, District Sirohi in Sessions Case No. 49/2012 whereby the learned trial Court acquitted the accused -respondent Sanjay Rana for offence under Sections 302 read with Section 34 and 120 -B I.P.C. and accused Raju for offence under Section 302 read with Section 120 -B I.P.C.
(2.) AS per brief facts of the case, on 28.05.2012, the complainant Toshik Berwa submitted a report at about 3.15 p.m., before the SHO, Police Station, Mount Abu stating therein that on 28.05.2012 at about 2.20 a.m., he along with Narpat Singh @ Tiniya were coming back to home on Activa. At that time, near Appu Ghar, Hotel Severa Palace, one Wala Ram, Sanjay Rana and two other persons obstructed their way and Wala Ram forcibly attacked upon the head of Narpat Singh by Lathi and due to the said injury blood came out from the head of Narpat Singh. At that time, the complainant after rescue immediately called the wife of Narpat Singh on the spot and informed the Police. The injured Narpat Singh was brought to the Hospital where he died during treatment. On the basis of the aforesaid report, FIR No. 31/2012 was registered under Section 302/34 and 120 -B I.P.C. and after investigation, a challan was filed against two accused namely Sanjay Rana and Raju in the Court of ACJM, Mount Abu from where the case was committed to the Court of Addl. Sessions Judge, Abu Road, District Sirohi.
(3.) THE trial Court commenced the trial and from prosecution side, the statement of 12 prosecution witnesses were recorded and 15 documents were exhibited to prove the prosecution case.;