Judgment

23/07/2025

1. The present appeal has been instituted by the State of Rajasthan under Section 378 (iii) and (i) CrPC, challenging the judgment dated 30.01.2008 passed by the learned Addl. Sessions Judge No.1, Sri Ganganagar in Sessions Case No.08/2007, whereby the respondent–accused Mana Singh was convicted under Section 324 IPC and sentenced to undergo two years' simple imprisonment along with a fine of ₹2,000/-, in default whereof, he was to further undergo one month’s simple imprisonment. However, the accused was acquitted of the graver charges under Sections 307 , 326, 394 IPC and Sections 4 /25 and 31 of the Arms Act .

2. The genesis of the case originates from a parcha bayan given by PW-2 Surendra Kumar on 25.08.2006 while undergoing treatment at the Govt. Hospital, Sri Ganganagar. He alleged that he and his father, Ved Prakash Bhambhu, were operating an egg cart near a local liquor shop (Desi Theka). At around 10:30 to 11:00 p.m., the accused Mana Singh, in an intoxicated condition