[2025:RJ-JD:41778-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Appeal No. 498/2002 State of Rajasthan ----Appellant Versus

1. Mohanlal S/o Mahaveer Prasad, 2. Suresh Kumar S/o Mahaveer Prasad, 3. Jayveer S/o Radha Kishan, 4. Leeladhar S/o Radha Kishan, 5. Mahaveer S/o Likhmaram, 6. Rajendra S/o Radha Kishan, 7. Mahendra Singh S/o Radha Kishan, 8. Sant Lal S/o Radha Kishan, All By caste Kalal Hindu, R/o Banya, Tehsil Taranagar, District Churu.

----Respondent For Appellant(s) : Mr. Pawan Kumar, PP Mr. R.S. Rawal, for complainant For Respondent(s) : Mr. Chakravarti Singh Rathore HON'BLE MR. JUSTICE MANOJ KUMAR GARG HON'BLE MR. JUSTICE RAVI CHIRANIA

Judgment

BY THE COURT: (Per Hon’ble Mr. Manoj Kumar Garg, J.)

18/09/2025 Instant criminal appeal has been filed by the State against the judgment dated 24.11.2001, passed by learned Additional District & Sessions Judge, Rajgarh, District- Churu, in Sessions Case No.47/1999, whereby the learned trial court acquitted the accused-respondents from the offence punishable under Sections

148, 302 read with 149 IPC.

Brief facts necessary to be noted for deciding the controversy are that on 26.07.1999 complainant- Prabhu Ram @ Prabhu Dayal gave a written report at concerned Police Station to the effect that due to longstanding enmity between his family and the accused party, a violent incident occurred. Approximately 10 to 12 years prior to the present incident, one Radha Kishan was murdered, and a criminal case had been registered against the complainant, Prabhu Ram, and other persons in connection with that offence. They were convicted by the learned Additional Sessions Judge, Churu, and their appeal against the conviction was decided by this court and they were released on undergone. On the date of the incident, i.e., 26.07.1999, at around 6:30 PM, the complainant's father- Ram Kumar, was on his way to the bus stand from his residence. When he reached near the house of Mangilal, all the accused persons arrived at the spot. At that point, accused respondent No. 2- Suresh allegedly struck Ram Kumar on the head with a lathi, and accused respondent No. 1- Mohan Lal inflicted a head injury using an iron rod. As a result, Ram Kumar collapsed. Thereafter, the remaining accused collectively assaulted him. Upon witnessing the attack, the complainant- Prabhu Ram and one Sanjay Kumar raised an alarm, prompting the accused persons to flee the scene. Subsequently, Ram Kumar was taken to the hospital for medical assistance; however, he succumbed to the injuries sustained during the assault.

On the aforesaid complaint, Police registered the case against the accused-respondents for offence under Sections 302, 341, 147, 148 and 149 IPC. On completion of investigation, Police filed challan against all the accused respondents for aforesaid offences.

Thereafter, learned Trial Court framed, read over and explained the charges for the offence under Sections 302/149 and 148 IPC to the accused respondents. He denied the charges and sought trial. Subsequently, after the examination of prosecution witnesses PW-1 to PW-3, the prosecution moved an application under Section 319 of the Cr.P.C., seeking to summon accused Sant Lal and to take cognizance against him for the aforementioned offences. The learned Trial Court, upon consideration, allowed the said application and took cognizance against Sant Lal under the same provisions.

During the course of trial, the prosecution examined as many as fifteen witnesses and also got exhibited relevant documents in support of its case.

The accused-respondent was examined under Section 313 Cr.P.C. and certain documents were exhibited in support of its case.

Learned trial Court, after hearing the arguments from both the sides, taking into consideration and appreciating the documentary evidence and the statements of witnesses, vide judgment dated 24.11.2001 acquitted the accused-respondents from offence under Sections 148, 302/149 IPC. Hence this appeal preferred by the