1. The appellant – State of Rajasthan has preferred instant
appeal under Section 378(i)(iii) of the Code of Criminal Procedure,
1973 challenging the Judgment and Order dated 11.06.1998
passed by the Additional Sessions Judge, Jhunjhunu in Sessions
Case No.08/1996 (74/1993) (State of Rajasthan vs. Vidyadhar @
Badru), whereby accused-respondent was acquitted for the
offences under Sections 302 & 307 of Indian Penal Code.
2. Brief facts relevant for disposal of present appeal are that on
01.10.1992, complainant – Omprakash (P.W. 1) submitted a
written report (Ex.P/1) to Shri Bhagwan Singh, S.H.O. Police
Station Nawalgarh at the place of incident to the effect that
tonight at about 12 o’clock, he was sleeping in his house, suddenly
[2025:RJ-JP:24320-DB] (2 of 9) [CRLA-679/1998]
he heard noise of women and children in Hari Singh’s mansion
(Haweli), then he woke up and called Hariprasad and Sheokaran.
All three of them came to Hari Singh’s mansion, the door was
closed, sound of hitting was coming from inside, therefore,
Sheokaran and Prakash climbed up the mansion from behind.
After taking down the door, they came inside, then Vidyadhar who
had a Rapari (Gandasi) in his hand, was beating Subhita badly.
When he climbed the roof to escape after seeing them, then
Sheokaran and others caught him; they brought him down to the
courtyard from the roof, then they saw with the battery, Subhita
was lying in the courtyard of the mansion in a pool of blood, she
had several injuries on her head, neck, hands, mouth and face;
there were three children on the cot, who were screaming. They
saw them, they found that children were having severe injuries on
their heads, necks and hands and blood was flowing; then many
people from the village gathered, they caught Vidhadhar and
made him sit outside. Subhita had passed away, He asked to
make a phone to report to the police station, now you came to the
site etc.
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