Goverdhan Bardhar, J. - (1.) This criminal appeal under Section 378(3) & (1) of Cr.P.C. has been preferred by the appellant-State against the judgment dated 30.05.1992 passed by the learned Additional Sessions Judge, Bhilwara in Sessions Case No.19/1989 by which he acquitted the accused-respondents for the offences under Sections 148, 307, 325, 324 & 323/149 IPC.
(2.) Brief facts of the case are that on 27.02.1989 the complainant Mithu submitted a written report at Police Station Sadar, Bhilwara alleging that on 26.02.1989 at about 09:00 PM when he was at his home, on hearing some noise coming from the Pond side, he went there and saw that Ganesh, Bhola and Mst. Heeru were lying there injured. The injured stated that the accused-respondents and their family members attacked them by axe and lathis and ran away. The villagers took the injured persons to the hospital. On the said report, the Police registered the FIR No. 28/89 for offence under Section 147, 148, 149, 325 and 323 IPC and started the investigation. After usual investigation, the police filed charge sheet against the accused-respondents for offences punishable under Sections 147, 148, 307, 324, 325 & 323 read with Section 149 IPC.
(3.) The learned trial court after hearing the arguments and considering the material on record, framed charges against accused-respondents for offences under Sections 148, 307, 325, 324 & 324/149 IPC. The accused respondents pleaded not guilty and claimed trial.;