MAHESH CHANDRA SHARMA, J. - (1.) THE State of Rajasthan has preferred this appeal against the judgment and order dated 1.9.1999, passed by the Addl. District and Sessions Judge, Hindaun in Criminal Case No. 36/95, whereby he acquitted the accused respondents from the offence under Sections 148, 307/149, 326/149, 323/149 IPC.
(2.) THE brief facts of the case are that the complainant Ballu @ Pushpender filed a first information report in the police station Hindaun in which he has stated that when he was sleeping in his house, accused respondents entered his house and Naresh has inflicted injury upon his neck by sword, again Naresh inflicted an injury upon his hand and a part of left ear was also cut. Accused Sashi inflicted injury in the chest of the, complainant by knife, accused Renu inflicted injury by biting on his shoulder and Smt. Virma wife of Naresh has beaten Dantli. Upon hearing hue and cry, Vinod, Vasudev and some other persons reached there and rescued him. Upon the aforesaid incident, the police registered a case (FIR No. 436/94) Exp. 6 and after investigation, the police filed a challan before the court of Addl. Chief Judicial Magistrate, Hindaun City against the accused respondents for the offence under Sections 147, 148, 149, 323, 324, 452, 326 and 307 IPC who committed the case to the Court of Addl. District and Sessions Judge, Hindaun City. The learned Addl. Sessions Judge framed charges against the accused respondents for the offence under Sections 148, 307/149, 326/149, 324/149 and 323/149 IPC and the charges were read over and explained to them. The accused respondents denied the charges framed against them and claimed for trial.
(3.) DURING trial, the prosecution in support of its case examined as many as Nine witnesses and got exhibited some documents. Therefore, the statements of accused respondent were also recorded under Section 313 Cr.P.C.;