Mahesh Chandra Sharma, J. - (1.) The State of Rajasthan has preferred this appeal against the judgment dated 16.01.1997 passed by learned Addl. Chief Judicial Magistrate No. 1, Jaipur Distt. Jaipur (hereinafter to be referred as 'the learned trial court') in Criminal Case No. 641/94 by which he acquitted the accused-respondents for the offence under Sections 147, 148, 447, 323, 354, 326 and 326/149 I.PC.
(2.) In brief, the facts of the case are as under: (i) Complainant Kalyan Singh (PW-1) lodged a written report (Ex.P-1) in Police Station Sanganer Sadar alleging therein that he has in his possession an allotted land of Khasra No. 1087 and 1085 total Rakba 8 Bigha. When he alongwith his wife and his son Rajendra went to his field for cleaning and ploughing the field then accused-respondents armed with Kulhari, Farsi and Lathies came and attacked them with an intention to kill them. (ii) He has specifically named in his report, accused respondent No. 1 Mangal Nath and accused-respondent No. 3 Ganpat and he has also stated in his report two unknown persons. They gave a brutal injury to them. The accused-persons gave Kulhari war (sic blow) upon his head and upon escaping he sustained injury upon his hand and his hand broken and his wife also sustained injury on back, leg and hand by a sharp edged weapon. The accused-respondents also tried to rape his wife. (iii) Upon the said information the police registered the case under Sections 147, 148, 447, 323, 354, 326 and 326/149 IPC and started investigation against the accused-respondents and started investigation. After investigation the police filed a challan against the accused-respondent before the learned trial court. The learned trial court framed the charge mentioned hereinabove against the accused-respondents. (iv) The charges were read over and explained to the accused-respondents who pleaded not guilty and claimed trial. (v) During trial the prosecution in support of its case examined as many as 10 witnesses and got exhibited some documents. (vi) Thereafter the statements of the accused-respondents under Section 313 CR.PC. were recorded. The accused-respondents also produced one defence witness namely DW-1 Banshidhar. (vii) After conclusion of the trial the learned trial court vide its judgment dated 16.01.1997 acquitted 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.
(3.) Aggrieved against the judgment and order of the learned trial court dated 16.01.1997, the State of Rajasthan has preferred the instant appeal.;