STATE OF RAJASTHAN Vs. CHHOTE LAL

JUDGEMENT

(1.) The challenge in the present appeal is to the judgment of the High Court of Judicature of Rajasthan at Jaipur dated 1st September, 2005 whereby the High Court granted the benefit of doubt to the accused and returned finding of acquittal in favour of the convicted accused, namely, Chhote Lal, Peeru Shah and Shafi Shah, upsetting the judgment of the learned Sessions Judge dated 20th July, 2002.

(2.) The story of the prosecution was that on 11th December, 1998 at 12.15 p.m., complainant Ram Kishan, submitted the First Information Report to the Police Station, bandi Kuin to the effect that his uncle sharvan Lal was missing. He came home and enquired from his aunt Lali about the whereabouts of his uncle. However, she told him that he along with two other persons had gone to treat someone on a motor-cycle. Ram Kishan got suspicious by the answer given to him by his aunt and then he told his aunt that on 19.12.1998, somebody has stuck a paper on the wall of the temple in the village mentioning that Sharvan Lal had been murdered and his body had been thrown in a well. Hearing this, she was little embarrassed. It is further the case of the prosecution that the two accused made an extra-judicial confession to the P Ws that they have murdered Sharvan Lal and thrown his body in a well. They prayed for forgiveness. The police registered an FIR upon statement by Ram Kishan and a case under Sections 302, 201 read with Section 34 and under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. During investigation, dead body of the deceased was recovered from a well. Four accused including Lali were charged for the above offences. After trial and by a detailed judgment dated 20th July, 2002, the Trial Court convicted the three accused of offences under Section 302, 42, 449, 201 and 202 of the Indian Penal Code (IPC). They were punished to undergo life imprisonment for an offence under Section 302 as well as to pay fine of Rs. 5,000/- while under Section 201 IPC, they were fined Rs. 1,000/-. All the awarded sentences to these accused were ordered to run accordingly. However, the Trial Court acquitted Lali of the offence under Sections 302 and 449 but convicted her of an offence under Sections 201 and 202 of the Indian Penal Code.

(3.) On appeal, the High Court found that the prosecution had miserably failed to prove its case beyond any reasonable doubt as the story of the prosecution was concocted and lack trustworthiness. Resultantly, the High Court acquitted all the three accused of offences under Section 302 IPC. Aggrieved from the judgment of acquittal of the High Court, the State has filed the present appeal.