Gopal Krishan Vyas, J. - (1.) THE State of Rajasthan has filed cr. leave to appeal and the complainant has filed cr. appeal against the judgment dated 22.1.2013 passed by the Addl. Sessions Judge, Deedwana, District Nagaur in Sessions Case No. 15/2007 whereby 8 accused including late Himata Ram S/o Deva Ram, died during trial, are acquitted from the charges leveled against them under Section 147, 148, 447 and 302/149 IPC.
(2.) AS per the facts of the case, a written report was submitted by Ganpat Ram (PW -14) at Police Station Ladnu alleging therein that the respondents murdered his father Surja Ram when he made complaint about a land of way on 7.7.2007. The complainant specifically mentioned that his father Surja Ram went in the agricultural field and raised objection not to cultivate the land of way but accused party gathered and they inflicted injuries by Lathis and axe to his father and due to those injuries he died on spot. In the FIR it was also stated that after hearing cry of his father, his sister Sampu, mother Rameswhari, grand -mother Barji and other persons rushed to the place of occurrence and saw the incident. Upon above complaint made by the complainant Ganpat Ram, the FIR No. 129/2007 was registered against the respondents at Police Station Ladnu and after regular investigation, the challan was filed against Himta Ram, Jetha Ram and Munni @ Mannudi in the court of Judicial Magistrate, First Class, Ladnu from where the matter was committed for trial in the court of Addl. Sessions Judge, Deedwana, District Nagaur. The learned trial court after framing the charge under Sections 148, 447 and 302/149 IPC proceeded for trial and in the trial first of all statements of 17 prosecution witnesses were recorded and, thereafter, an application under Section 319 Cr.P.C. was filed by the complainant Ganpat Ram for taking cognizance against 3 more accused namely Nathu Ram, Godawari and Maju. The application filed by the complainant was rejected by the learned trial court vide order dated 3.12.2008 but against the said order SB Cr. Rev. Petition No. 1319/2008 was filed before this Court by the complainant Ganpat Ram in which the coordinate bench of this Court passed an order on 13.1.2011 whereby the Cr. Revision Petition was allowed and the order dated 3.12.2008 was quashed and the learned trial court was directed to pass fresh order for taking cognizance against Nathu, Maju and Godawari. In pursuance of aforesaid order, the cognizance was taken by the learned trial court against 3 more additional accused and, thereafter, the trial was commenced afresh. In the fresh trial, again statements of 16 witnesses were recorded and 41 documents were exhibited in the trial. Thereafter, the learned trial court finally heard the case and passed the impugned judgment dated 22.1.2013 whereby the learned trial court acquitted all the respondents from the charges leveled against them. The accused Himta Ram died during trial.
(3.) IN above cr. leave to appeal filed by the Sate and appeal filed by the complainant the State and complainant are challenging the judgment impugned dated 22.1.2013 whereby the respondents were acquitted form the charges leveled against them for offence under Sections 148, 447 and 302/149 IPC.;