STATE OF RAJASTHAN Vs. LOVE KUSH MEENA

JUDGEMENT

(1.) The moot point which arises for consideration is whether a benefit of doubt resulting in acquittal of the respondent in a case charged under Sections 302,323,341/34 of the Indian Penal Code [IPC] can create an opportunity for the respondent to join as a constable in the Rajasthan Police service.

(2.) The respondent and three others were charged with the aforesaid provisions of the Indian Penal Code and tried before the Additional Sessions Judge (Fast Track), Laxman Garh, District Alwar, Rajasthan. The incident relates to 6.10.2008 at about 6 p.m. when, as per the complainant Babulal, one Jagdish and Dayaram came in a tractor for tilling a disputed field in jungle Patan. Tofli, mausi of Babulal forbade them to till the land and apparently stayed back in the field. At that time, the tractor driver Jagdish drove the tractor and ran over Tofli. The complainant Babulal along with one Raju, Om Prakash and Dinesh rushed to her side but were beaten up and knife injuries were inflicted upon them by Dayaram, Love Kush (respondent), Bodan and Jagdish. Tofli was taken in a Buggi to the hospital where the doctor declared her brought dead. On the basis of the said report, PS Khedli registered Case No.255 of 2008 under Sections 302,341,323,34 of the IPC and commenced the investigation. Upon completion of the investigation, the charge sheet against all the accused persons vide No.1/2009 was filed in the Court of Judicial Magistrate, Kathumar from where it was committed to the Court of the Additional Sessions Judge, Laxman Garh. The charges were framed and all the accused denied the charges.

(3.) It is relevant to note that during the trial injured persons, Babulal, Om Prakash and Raju alias Rajesh obtained permission of the Court and filed a compromise in favour of accused persons under Sections 341,323 of IPC which was approved but naturally, there could not have been any compromise qua the offences under Section 302/34 IPC. In those charges the trial continued and it is quite obvious that in view of the compromise, all the prosecution witnesses, including those injured, turned hostile. On the basis of the case of the prosecution, the learned Judge opined in terms of the judgment dated 01.05.2009 that "the prosecution had failed to prove the case against the accused persons beyond reasonable doubt".