SHARMA, J. - (1.) SINCE the controversy involved in both the matters i. e. criminal appeal filed by the State of Rajasthan as also criminal revision filed by complainant, involve common question of facts and law, hence both the matters are being decided by this common Judgment.
(2.) THE State of Rajasthan has preferred this appeal under section 378 (i) (iii) Cr. P. C. and the complainant has preferred this criminal revision under section 397 read with section 401 Cr. P. C. against the judgment of acquittal dated 4. 5. 2000 passed by learned Special Court (Sati Nivaran) Rajasthan & Addl. Sessions Judge, Jaipur City, Jaipur (for short `the learned trial Court') in Sessions case No. 24/1994, whereby it acquitted the accused respondents for the offence under Sections 341, 326, 323 and 326/34 IPC. Brief facts of the case are that the complainant Mohar Singh submitted a parcha-bayan to this effect that in the evening of 29. 3. 1992 while he was coming back to his house at around quarter to six, he saw that the accused respondents were abusing his wife. On this, on being asked, accused Narottam throw one stoe due to which he sustained injury on the back of his head. In the meanwhile, all the accused persons hold of his wife and started beatings. When he intervened in the scuffle accused Satyanarain inflicted a knife injury of which the he (complainant) sustained incised would on his left hand and accused Narottam inflicted an injury on his wife's head by an iron rod. The police on the basis of this parcha-bayan, registered an FIR for the offence under Sections 324, 323, 336 and 341 IPC. The police after usual investigation, submitted challan against the accused respondents for the offence under Sections 326, 324, 323, 336 and 341 IPC before learned Addl. Chief Judicial Magistrate S. No. 7, Jaipur City, Jaipur. The learned trial Court read over the charges against accused Satyanarain for the offence under Sections 341, 326 and 323 IPC, against Narotam Sharma and Smt. Maya for the offence under sections 341, 326/34 and 34 IPC. They pleaded not guilty and claimed to be tried in the matter.
(3.) THE prosecution in support of its case produced as many as 6 witnesses and certain documents were got exhibited. Thereafter the statement of the accused respondents under Section 313 Cr. P. C. were recorded. After conclusion of the trial, the learned trial Court vide its judgment dated 4. 5. 2000 acquitted the accused-respondents from the aforesaid offences. ;