STATE OF RAJASTHAN Vs. UMARDEEN AND SUBEKHAN

JUDGEMENT

(1.) This criminal appeal has been preferred by the State against the judgment dated 15th March, 1996 passed by the Special Judge (SC/ST) Cases, Alwar whereby the learned Special Judge has acquitted the respondent Subhkhan for the offences under Sec. 354, 341, 323/34, 324/34 IPC and of the offences under Sec. 3(1)(iii) and 3(1)(xi) of the S.C./S.T. (Prevention of Atrocities) Act, 1989 (hereinafter to be referred to as the Act, 1989) and the accused Umardeen for the offences under Sec. 341, 323, 323/34 and 324 of IPC. The facts giving rise to the prosecution case are briefly stated as under:

(2.) During the course of investigation, the Investigating Officer visited the spot and prepared site plan Ex. P/3, recorded the statements of the witnesses acquainted with the facts and circumstances of the case under Sec. 161 of Cr.P.C., got both Budh Singh and Ratan Lal medically examined and after investigation submitted the charge -sheet before the concerned Court who in turn committed the same for trial to the Court of Special Judge, SC/ST Act Cases.

(3.) Heard the argument of Mr. B.K. Sharma, learned Public Prosecutor for the State as also Shri D.K. Sharma, appearing on behalf of the accused respondents and perused the impugned judgment of the lower Court along with prosecution evidence and relevant material on record.