STATE OF RAJASTHAN Vs. SANJAY

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by the High Court of Rajasthan at Jaipur in Criminal Appeal No.662 of 2003, dated 24.02.2006. By the impugned judgment and order, the High Court has reversed the findings and the conclusion reached by the Sessions Court in Sessions Case No.70 of 2001 dated 13.09.2002.

(2.) The facts in brief are: The accused Sanjay is a distant relative of the deceased who was aged about 10 years at the relevant date of the incident. The accused, on the other hand, was aged about 24 years. On 16.10.2000, the deceased had gone near the cinema hall for the purpose of selling biscuits. It was a routine affair for the deceased to return home in and around 8:00 p.m. It is when the deceased did not return home within the anticipated time, the deceased's father, the informant in this case had gone in search of the deceased. While searching, the informant met P.W.10 who had informed him that he saw the deceased going along with the accused person. However, the dead-body was recovered only on the next date.

(3.) On the information so lodged by the informant and after completion of the investigation, a charge-sheet had been filed against the accused for the offence under Section 302 of the Indian Penal Code, 1860 ("the IPC" for short). Since the accused did not plead guilty, the trial had commenced before the learned Sessions Judge after committal of the case by the learned Magistrate.