STATE OF RAJASTHAN Vs. MOHAN LAL

JUDGEMENT

(1.) Heard learned Counsel for the appellant-state and learned Counsel for the respondents.

(2.) Challenge in this appeal is to the judgment of a Division Bench of the Rajasthan High Court, Jaipur Bench directing acquittal of the respondents who faced trial for alleged commission of offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short 'IPC'). Originally five persons faced trial and out of them two accused persons namely Moti Ram and Ramji Lal were acquitted by judgment of learned Sessions Judge, jhunjhunu. By the judgment which was impugned before the High Court, the present respondents were found guilty of offence punishable under Section 302 read with Section 34 of the IPC.

(3.) The prosecution version in a nutshell that on 4.11.1995 Balu Singh (hereinafter referred to as the deceased) was assaulted by the present respondents and the two acquitted accused persons and in the process Balu Singh lost his life. Information was lodged by Madan Singh Yadav (PW9) who was the son of the deceased. After investigation, charge sheet was filed and since the accused persons pleaded innocence, trial was held. As noted above, the present respondents were found guilty of offence punishable under Section 302 read with Section 34 IPC. The convicted person preferred an appeal before the High Court which as noted above directed their acquittal. The High Court found the evidence of so-called eye-witness PW1, 2,5 and 9 to be not credible and cogent and therefore directed the acquittal.