SHARMA, J. - (1.) THIS Criminal Appeal has come up for hearing after expiry of a period of more than 27 years from the date of occurrence i. e. 29th July, 1981.
(2.) THE State of Rajasthan has preferred this Appeal against the judgment and order dated 22. 8. 1990 passed by the learned District & Sessions Judge, Karauli in Sessions Case No. 60/1988 by which he acquitted the accused respondents for the offence under Sections 147, 148, 307, 307/149, 326, 326/149, 324, 324/149 IPC. The brief facts of the case are that a First Information Report (Ex. P. 1) which was converted into (Ex. P. 2) lodged by one Ram Kumar Meena (PW. 4) at police station Todabhim, District Sawai Madhopur in which he alleged that on 28th July 1981 at about 10 a. m. , when he along with Shiv Lal, Chimman, Mithya and Ghisya were constructing a Doll of grazing field of the village, one Chhanga Ram Neena came there and asked them not to do it. In reply, the complainant party said that they were constructing Doll (boundary wall) in the field to protect from cattle and other animals entering into their fields. Upon this, Chhanga threatened not to do so and went away from there. After a few minutes Chhanga along with Reghunath, Paima, Sarvajeet, Murli, Amar Singh and Reghuveer came there. Chhanga was armed with Kulhari, Reghunath was armed with a gun, Paima was having a Pharsa and others were having lathies with them. First of all, Chhagan hit Chimman on his back by Kulhari, Paima inflicted injury on the hand of Shivlal by Pharsa and Reghunath fired his gun as Ghinsya set him down and escaped. The other persons were also caused injuries by their Lathies. The villagers assembled at the site and the accused persons went away. The injured persons were taken away to the Todabhim Hospital where they were examined and treated for their injuries. An FIR was lodged and investigation started. During the course of investigation, it was transferred to the CID (CB) which after investigation, submitted a challan against these six accused persons under Sections 147, 148, 307, 307/149, 326, 326/149, 324 & 324/149 IPC before the Judicial Magistrate, Hindaun City who committed the case to Court of Addl. District & Sessions Judge Karauli (Camp Hindaul City ). The learned Addl. Sessions Judge, Karauli has framed charges against the accused Reghunath under Sections 147, 307, 326/149, 324/149, 323 and 323/149 IPC. Against the accused Sarvajeet, Amar Singh and Murli under Sections 147, 307/149, 326/149, 324/149, 323 & 323/149 IPC. Against accused Reghuveer under Sections 147, 307/149, 326/149, 324/149, 323, 323/149 IPC and against accused Paima under Sections 148, 307/149, 326, 324/149, 323 & 323/149 IPC. The charges were read over to the accused persons and they pleaded not guilty and claimed for trial.
(3.) DURING trial, the prosecution in support of its case examined as many as 10 witnesses and got exhibited some documents. Thereafter, the statements of accused respondents were also recorded under Section 313 Cr. P. C. The defence side produced one witness DW. 1 Dr. Murari Lal and got exhibited 9 documents. After hearing both the sides, the learned Addl. Sessions Judge, Karauli vide his judgment dated 22nd August, 1990, acquitted the accused respondents from all the charges levelled against them. Aggrieved against the judgment and order of the learned trial Court dated 22. 8. 1990, the State of Rajasthan has preferred the present appeal. ;