STATE OF RAJASTHAN Vs. MADAN @ MADANIYA

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment and order dated 16.04.2010 passed by the High Court of Judicature for Rajasthan at Jodhpur in D.B. Criminal Appeal No. 678 of 2004, whereby the High Court acquitted the accused of the charges under Sections 302 and 460 of the IPC, giving him the benefit of doubt.

(2.) Brief facts according to the prosecution case necessary for the disposal of this case are as follows. On receiving an anonymous telephonic information, regarding the killing of one Smt. Santosh, daughter of Devki Devi Mali, the Police reached the spot of occurrence and recorded the statement of P.W.10-Smt. Devki Devi, mother of the deceased. Therein, P.W.10-Smt. Devki Devi, alleged that, the accused-Respondent, used to reside in vicinity and was harboring vengeance against the deceased Santosh as he believed that, few days earlier he was assaulted by 7-8 men, at the instance of the deceased Santosh. On the date of the incident, while the P.W.10 was at her agricultural farm, at about 6:00 A.M, P.W.5-Seema, her minor daughter came up to her and informed that, in the preceding night, the accused-Respondent along with one person entered their home at around 02:00 A.M. and gave lathi blows to the deceased, consequent to which she died. P.W.10-Devki Devi, thereafter immediately rushed to the house and found the body of the deceased lying on the roof.

(3.) On the basis of the aforesaid statement made by P.W.10 (Smt. Devki Devi), a case was registered against the accusedRespondent and another person, thereafter they were arrested and subsequent recoveries were made in this regard. After completion of the investigation, a charge sheet was filed charging the accused persons for offence punishable under Sections 302, 460 and 34 of IPC. Thereafter, the accused persons were put on trial as they did not plead guilty to the charges leveled against them.