- (1.) This Cr. Appeal has been filed by the State of Rajasthan against the judgment dated 9.6.2010 passed by Addl. Sessions Judge (Fast Track) No.2, Karauli in Sessions Case No. 49/2007, whereby the accused respondent Tingle @ Chinkle has been acquitted from the offence under Sections 307, 326 IPC, while accused respondent Hande @ Anil has been acquitted from the offence under Sections 307/34, 326/34 IPC.
(2.) Brief facts of the case are as under: "On 13.7.2000, on the basis of parcha bayan of injured Avdhesh, FIR No. 408/2002 was registered at Police Station Arakshi Kendra, Karauli for the offence under Sections 307, 324, 326 IPC against the accused persons, whereupon investigation was commenced. On completion of investigation, challan was filed against the accused persons before the court below. The court below committed the case to the Court of Sessions, Karauli who transferred the case to the Court of Addl. Sessions Judge (Fast Track) No.2, Karauli for trial. The trial court framed charges against the accused persons, who denied for the same and claimed for trial. The prosecution produced its witnesses and got exhibited some documents. Thereafter the statement of the accused persons were recorded under Section 313 CrPC. After hearing both the sides, the learned trial court passed the impugned judgment dated 9.6.2010 acquitting the accused respondent Tingle @ Chinkle @ Himkar for the offence under Section 307, 326 IPC and convicting him for the offence under Section 324 IPC, while accused Anil @ Hande has been acquitted for the offence under Sections 307/34, 326/34 IPC, but he has been convicted for the offence under Section 324/34 IPC.
(3.) Against the said judgment of the trial court dated 9.6.2010, one appeal was preferred by the State of Rajasthan, whereas Cr. Appeal No. 726/2011 was preferred by accused Tingle @ Chinkle.;