STATE OF RAJASTHAN Vs. BAPU SINGH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The State of Rajasthan has preferred this appeal, after grant of leave to appeal, challenging the impugned judgment and order dated 15th June, 1982 passed by Sessions Judge, Jhalawar in Sessions Case No.80/1981, whereby the accused respondent Bapu Singh S/o Shri Nirbhay Singh was acquitted from the charges under sections 302 and 380, Indian Penal Code.

(3.) Briefly stated the facts of the case are that on 5th July, 1981, P.W.5, Ballabh Singh S/o Shri Narbhay Singh lodged a written report Ex. P 6 at Police Station Raipur, District Jhalawar to the effect that his mother Smt. Suraj Bai was sleeping in the Osra (Veranda) outside the room of Smt. Manohari Bai W/o his brother Shri Govind Singh. At about 4-5.30 AM, Smt. Manohari Bai finding that the outer door of her room was latched from outside, called Ishwar Singh to open the same. When she came out of the room in the verandah. On opening of the door, she saw that her mother-in-law Smt. Suraj Bai was lying on her cot with injuries and blood on her body and her two silver anklets ('Kadas') as well as her 'Borla' made of gold, were missing. It was on Manohari Bai's hue and cry that he came to know about the fact that his mother was killed as he was sleeping in his room. On the basis of this information, a case u/s 460 and 380 Indian Penal Code was registered which was converted into for the offence u/s 302 Indian Penal Code. After completion of investigation, the Police filed challan against the accused respondent for the offences u/s 302, 394 and 380 Indian Penal Code before the Magistrate who committed the case for trial to the court of Sessions Judge, Jhalawar. The trial court framed charges against the accused respondent for the offences u/s 302 and 380 Indian Penal Code. The accused respondent denied the charges and claimed trial. The prosecution, in support of its case, examined 13 witnesses and produced documentary evidence in the form of Ex. P 1 to Ex. P 25. Thereafter, statements of the accused were recorded u/s 313 Code Criminal Procedure wherein he pleaded false implication on account of enmity.