- (1.) THE State of Rajasthan has preferred this appeal against the judgment dated 28. 3. 2001 passed by learned Addl. Sessions Judge, Rajgarh Distt. Alwar (hereinafter to be referred as `the learned trial Court') in Criminal Case No. 23/2000 by which he acquitted the accused-respondent No. 1 Ramavtar Meena for the offence under Section 307 IPC and accused Ram Khilari for the offence under Section 307/34 IPC.
(2.) IN brief, the facts of the case are as under:- On 6. 11. 1999 complainant (PW. 2) gave a parcha bayan in the hospital of Rajgarh before the Assistant Sub INspector of Police, Rajgarh in which he had stated that at about 2. 30 P. M. he went to bus stand Bigota for carrying tyre, then in the way accused- respondents demanded money for drinking liquor and when on denial, the accused-respondent No. 2 Ram Khilari gave a lathi blow to him and accused-respondent No. 1 Ramavtar gave a knife blow on his stomach and they snatched him away Rs. 20,000/ -. (Twenty thousand only) and one INdraj Meena (PW. 4) had taken him in the hospital. Upon the said information the police registered the case under Sections 341, 323 and 379 IPC. IPC and started investigation against the accused-respondents. After investigation the police filed a challan against the accused- respondents for the offence under Sections 341, 324 and 307/34 IPC before the learned Magistrate, Ist Class, Rajgarh where the case was committed to the learned trial Court. The learned trial Court framed the charges against the accused-respondent for the offences mentioned hereinabove. The charges were read over and explained to the accused- respondents who pleaded not guilty and claimed trial. During trial the prosecution in support of its case examined as many as 16 witnesses and got exhibited some documents. Thereafter the statements of the accused-respondents under Section 313 Cr. P. C were recorded.
(3.) AFTER conclusion of the trial the learned trial Court vide its judgment dated 28. 3. 2001 acquittal the accused-respondents from the offence charged against them holding interalia that the prosecution has not been able to prove its case beyond all reasonable doubts against the accused-respondents. Aggrieved against the judgment and order of the learned trial Court dated 28. 3. 2001, the State of Rajasthan has preferred the instant appeal. In this appeal it has been submitted by the learned Public Prosecutor that the learned trial Court has not considered the statements of the prosecution witnesses properly. He has further contended that the learned trial Court has wrongly observed that prosecution has failed to prove the offence against the accused- respondents and thus, the impugned judgment and order dated 28. 3. 2001 is erroneous one and should be set aside. ;