Vijay Bishnoi, J. - (1.) THIS criminal appeal has been filed by the appellant -State against the judgment dated 12.10.1990 passed by Additional Sessions Judge, Bali (hereinafter referred to as the 'trial court') in Sessions Case No. 36/86, whereby the trial court has acquitted the accused -respondents for the offence punishable under Section 302 IPC.
(2.) THE brief facts of the case are that on 03.08.1981 at about 02:30 PM, PW -12 Vijay Singh Jodha S/o Mang Singh Jodha R/o Village Koselav submitted a typed report Ex. P/1 to the Superintendent of Police, Pali, wherein he had stated that Jabar Singh S/o Jeevraj Singh contested election against him for the post of Sarpanch and defeated by him and therefore, he is having enmity with him. He further stated that Jabar Singh is the Chairman of Gram Sewa Sahakari Samiti, Koselav and about 17 -18 days before, Gram Sewa Sahakari Samiti, Koselav tried to construct a wall and when the villagers protested and reported the matter to the Gram Panchyat, he being the Sarpanch of Gram Panchayat, served a notice upon the Manager of Gram Sewa Sahakari Samiti, Koselav for not constructing the wall and also went for inspecting the site along with other Ward Panchas viz. Tara Ram and Van Singh, where Jabar Singh, Amar Singh and Narayan Singh etc. belonging to the Jabar Singh's party quarreled with them and in relation to that a case is pending investigation in Police Station, Takhatgarh. He further stated that on 02.08.1981 at about 07:00 PM when his cousin brother Hanwant Singh along with Narayan Meena was going on a tractor then Amar Singh and Ranjeet Singh forcibly stopped the tractor and thereafter Jabar Singh, Narayan Singh, Ratan Singh and Shyam Singh, who ambushed themselves nearby, also came there and encircled Hanwant Singh and forcibly alighted him from the tractor. He further stated that Narayan Singh inflicted Lathi blow on the head of Hanwant Singh and thereafter Jabar Singh also inflicted Lathi blow on him. It is stated that at that time Bhawani Singh S/o Ram Singh had also seen the incident. He further stated that on the day of incident, he had gone to village Galthani and at about 09:00 PM Chunnilal had informed him about the incident. He further stated that Hanwant Singh was brought to Koselav in unconscious state and thereafter shifted to Pali Hospital and he also went to Pali Hospital. During the course of treatment, he succumbed to the injuries. He further stated that he enquired from Narayan Meena, who was accompanied Hanwant Singh at the time of incident and on the basis of information given by him, he is submitting this report. The report Ex. P/1 submitted by PW -12 Vijay Singh Jodha was forwarded by the Superintendent of Police, Pali to the Police Station, Takhatgarh, where the FIR No. 43/1981 was registered for the offences punishable under Sections 148, 149 and 302 IPC and investigation were commenced. After investigation, the police filed charge -sheet against the accused -respondents and the trial court framed charges against the accused -respondents for the offences punishable under Section 302 IPC. The accused -respondents have denied the charges framed by the trial court and claimed trial.
(3.) DURING the course of trial, the prosecution had produced as many as 20 witnesses to prove the charges against the accused -respondents. The statements of the accused -respondents were recorded under Section 313 IPC, wherein they had stated that they did not commit any offence and 5 witnesses were produced in defence.;