- (1.) The above criminal appeal and revision petition has been filed by the State of Rajasthan as well as by complainant to challenge the judgment dated 21.1.1992 passed in Sessions Case No. 40/90 by Addl. Sessions Judge, Nagaur whereby both the respondents were acquitted from the charge levelled against them for offence under Ss. 302 and 302/34 I.P.C.
(2.) During pendency of the aforesaid appeal and the revision, respondent No. 1 Munna Lal died, therefore, the appeal against the respondent No. 1 Munna Lal was dismissed being abated vide order dated 26.7.2010.
(3.) As per facts of the case, on 2.5.1990 at about 8.30 p.m. a wireless message was received from Government Hospital, Nagaur at Police Station Kotwali, Nagaur in which it was informed by the Medical Officer that one person is admitted for treatment due to head injury and he is unconscious. The said information was entered in the Roznamacha of P.S. Kotwali at Sl. No. 23 on 2.5.1990, after recording the said information, PW -13 - Bhanwar Singh, ASI along with FC Jethu Singh went to the Hospital for enquiry. In the hospital, they found that Budha Ram S/o Kheta Ram was under treatment in unconscious condition. Upon ascertaining his physical condition, it was informed by the Doctor that he is not in position to give statement but at 11 O' Clock on 2.5.1990 the statement of Smt. Rajudee (Ex -11) wife of Budha Ram were recorded in which it is stated by her that on 1.5.1990, her husband Budha Ram came back to the house at 7 O' Clock from his work place. When her husband came, at that time near to her house, Munna Lal, Laxman and Surja Ram were quarreling with her brother in law for which her husband raised objection and asked them don't fight and use filthy words. At that time, Munna Lal, Laxman and Surja Ram asked him who are you to interfere and if you are over smart then come here. At that time, Budha Ram was standing upon the roof of the house from where he came down and reached at the place of quarrel. When Budha Ram reached near the house of Moti Lal, Munna Lal came there armed with sharp edged weapon 'farsi' in his hand and Laxman with lathi so also accused Bhanwar Lal @ Bhanwariya accompanied them with empty hand. All of sudden, Munna Lal inflicted injury upon the head of Budha Ram - husband of complainant and due to said injury, blood came out from head and Surja Ram inflicted injury by lathi due to that injury, Budha Ram - husband of complainant fell down. The incident took place in front of Ramdev, Dev Karan Meghwal and so many other villagers. The complainant stated in her statement that after inflicting the injury by Munna Lal and Laxman, all the four persons ran away from the place of occurrence.;