The charge was read over to the accused who denied the charge and claimed trial.
The companyplainant further stated that he reached his place at about 12 to 1 Oclock in night and stated all those facts to Nagji and following morning, it was found that Lila died, whereas Tila and Sugala received injuries.
Charges were framed against four accused under Sections 302, 307, 323 read with Section 34 of IPC and Section 3 2 5 of SC ST.
On 30.08.1998, they came to Sanchore in a Jeep and, thereafter, by another Jeep, they went to village Madhav.
At the trial, 27 witnesses were produced and thirty six documents were exhibited by the prosecution to prove their case, whereas, in defence, statement of one witness was recorded and eight documents were produced.
Statements of the accused were recoded under Section 313 of the Code of Criminal Procedure Code, 1973 in short the Code .
At around 7.15 P.M., they boarded a Bus from Village Madhav and reached Sata at around 9.30 P.M. From Sata, accused Bhupat Singh, Amrit Amiya, Ganu Singh Ganpat Singh, Pratap Singh and Kamiya boarded the bus.
Complainant hid himself out of fear.
After just leaving village Sata, Bhupat Singh, Rai Singh, Pratap Singh and Ganu Singh came near their seat, as they all four were sitting on the last seat of the bus.
Thereafter, Sugala and Tila were also thrown out of bus as when he left the bus at village Bakhasar, Sugala and Tila were number found in the bus.
Background facts in a nutshell are as follows Complainant Luna Ram lodged an FIR in Police station, Bakhasar at about 8.30 a.m. On 31.08.1998, companyplainant reported that almost two months back he alongwith Sugala, Tila and Lila went to Dhanera, Gujarat, for a job.
Rai Singh stated that they will kill all the four.
The Police, thereafter, companyducted investigation and, thereafter, filed challan in the Court of Chief Judicial Magistrate, Barmer, from where, the matter was companymitted to the trial Court.
The reason of fight by the accused was also stated to be that almost 10 15 days back, buffaloes belonging to Pratap Singh and Ganu Singh damaged crop of Nagji and, at that time, when Ladha was taking those buffaloes, then Rai Singh had beaten Ladha.
Bhupat Singh caught Lila by holding his neck and, thereafter, Rai Singh, Pratap Singh and Ganu Singh threw Lila out of bus.
Dr. ARIJIT PASAYAT, J. Leave granted.
Challenge in this appeal is to the order passed by a learned Division Bench of the Rajasthan High Court at Jodhpur directing acquittal of the respondents 1, 2 and 3.
The learned Special Judge, SC and ST, Prevention of Atrocities Case, Balotara had companyvicted the respondents and sentenced them which was set aside by the High Court as numbered above.
