Gopal Krishan Vyas, J. - (1.) In this cr. appeal filed by the State of Rajasthan, the Agreement dated 21.10.1992 passed by the Sessions Judge, Jodhpur in Sessions Case No. 25/92 is under challenged by which the learned Trial Court acquitted all lie respondents from the charge levelled against them for offence under Sections 147, 302 and in the alternative under Section 302/34 I.P.C. During pendency of this appeal respondent Uttam Singh died, therefore, the appeal against him was abated vide order dated 3.11.1999.
(2.) As per facts of the case, the statement of the deceased Chen Singh (Ex.P-12) were recorded by the SHO Police Station, Dechu on 23.11.1991 at 10.45 pm. in which, the injured Chen Singh deposed that today in the morning at about 8.00 am I was going from my agricultural field on camel cart carrying certain fodder including Tumbey. When I crossed the agricultural field of Prabhu Ram Meghwal and entered in the agricultural field of Magh Singh, at that time Magh Singh S/o Mangal Singh, Kalyan Singh S/o Mangal Singh, Narpat Singh, Uttam Singh S/o Bheru Singh resident of Nathdau and Balu Devi W/o Late Padam Singh and Rekha Kanwar W/o Kalyan Singh obstructed on the way having Lathis and weapon Dhariya in their hands and gave threat that they will not allow him to cross their agricultural field. As per complainant, in the morning twice he crossed the agricultural field of Magh Singh, but no objection was raised by them, however, in the evening when 3rd time, he was crossing the agricultural field of Magh Singh, the accused Bali Devi W/o Padam Singh inflicted injury upon my left eye and other male and female persons inflicted injuries by Lathi upon my whole of the body including knee and other parts of the body. As per statement of the deceased all the persons after inflicting injury thought that I am dead, they run away from the place of occurrence. As per statements of the injured Chen Singh, at the time of incident one Binja Ram resident of Nathdau was with him but due to fear, ran away from the place of occurrence, thereafter, when I cried one Vijay Singh came on spot.
(3.) Upon aforesaid statement (Ex.P-12), a formal F.I.R. No. 115 (Ex.P-13) was registered at Police Station Dechu on 23.11.1991, after registration of the F.I.R., statements of Chen Singh (Ex.P-14) were recorded under Section 161 Cr.P.C. The injured was taken to the hospital but he died after two days on 25.11.1991 in the mid-night at 12'0 Clock. The post mortem of the body was conducted and report (Ex.P-11) was issued by the medical jurist of MG Hospital, Jodhpur and gave opinion that cause of death of Chen Singh was comma as a result of head injury.;