STATE OF RAJASTHAN Vs. SURJA RAM

JUDGEMENT

(1.) This appeal by Special Leave challenges the judgment and order dated 22.08.2007 passed by the High Court of Judicature for Rajasthan at Jodhpur in DB Criminal Jail Appeal No. 27 of 2003 acquitting the Respondent herein of the offence punishable under Section 302 read with Section 34 of IPC.

(2.) Initially six Persons were alleged to have committed offences punishable under Sections 147, 341, 149, 364, 302 , 201 read with Section 120B of IPC. One of them named Chatra Ram was granted pardon and was examined as PW1 in the trial. Out of five accused who faced the trial, Bhanwru Ram and Mohan Ram were acquitted by the Trial Court. It convicted Hapu Ram and Surja Ram for the offences under Sections 341, 364, 302 IPC read with 120B IPC, while the other accused named Raju Ram was convicted under Section 302 read with Section 34 of IPC. In the appeals preferred by convicted accused, the High Court affirmed the conviction and sentence of Hapu Ram under Section 302 of IPC while acquitting him of the other charges. The other two namely Surja Ram and Raju Ram were acquitted of all the charges. In the Special Leave Petition preferred by the State, the Petition as against Raju Ram was dismissed by this court but leave was granted as against accused Surja Ram. This matter is therefore restricted as regards challenge to the acquittal of Surja Ram by the High Court .

(3.) Complainant PW4 Om Prakash submitted written report at Police Station, Nagaur at 10:15 p.m. on 12.5.1998, that on 10.5.1998 he and his father Jeevan Ram were returning after attending a marriage around 11:00pm, when the motor cycle tyre got punctured . Father Jeevan Ram told the complainant to proceed with the Motor Cycle while he would return in the tractor of one Mohan Ram. The report further stated that his father had since then not returned. Pursuant to this report FIR No. 206 of 1998 was registered and matter was investigated. One of the suspects Chatra Ram having being granted pardon, charges were framed against Five accused under Sections 147, 341/149, 120B, 364, 302 and 201 IPC and the trial was conducted in the Court of Addl. Dist. & Sessions Judge (Fast Track) Nagaur vide Sessions Case No. 72/2001.