- (1.) The instant cr. leave to appeal has been filed by the State of Rajasthan under Section 378(iii) and (i) of the Cr.P.C. against the judgment dated 30.6.2015 passed by the learned Addl. Sessions Judge No. 3, Bhilwara in Sessions Case No. 29/2012 whereby the respondents were acquitted from the offence punishable under Sections 147, 302 and 302/149 IPC.
(2.) As per the facts of the case, the complainant Habuda submitted a written complaint before the SHO Police Station Kothadi, District Bhilwara on 4.8.2008 at 4.35 pm in which it was alleged that on 31.7.2008 at about 8.00 am respondents came at village Dhand Ka Kheda with common intention on tractor and motorcycle and started abusing complainant's wife Bali and gave beatings to her. The complainant and one Modu reached on spot for rescue till then wife of the complainant was assaulted and fell down and all the respondents went away from the place of occurrence. As per the complainant Smt. Bali Devi injured was taken to the Shahpura Hospital, but doctors refused to give treatment to her, therefore, they went to the Government Hospital, Bhilwara but doctors refused to give treatment in spite of the fact that grievous injuries were caused to Smt. Bali. As per complainant due to bad health condition, she was again taken to the Kothadi Hospital, but the doctor of the Hospital of Kothadi asked to take her at Udaipur for treatment.
(3.) As per complainant, the condition of his wife became serious, therefore, he lodged FIR on 4.8.2008 for the incident which is said to be occurred on 31.7.2008.;