STATE OF RAJ. Vs. SHYAM SUNDER AND ORS.

JUDGEMENT

(1.) THIS criminal leave to appeal has been preferred by the State seeking leave to appeal against the judgment of the learned Additional Sessions Judge [Fast Track] No. 2, Dholpur dated 01/06/2007 in Sessions Case No. 11/2006 whereby the learned trial court has acquitted the two accused -respondents Shyam Sunder S/o Shri Banshidhar and Smt. Meera W/o Shri Keshav for the offence under Sections 302/34 and 201 IPC.

(2.) WE have perused the judgment as well as the record and heard the learned Public Prosecutor.

(3.) SO far as the evidence of last scene is concerned, the learned trial court has dealt with the prosecution evidence in extenso and has come to the conclusion that none of the prosecution witnesses has stated that the accused were seen along with the deceased. Whatever evidence has come is by way of accused having been seen with the deceased ten days prior to the incident and two days prior to the incident after which he has already as per prosecution case returned home and on the fateful day he is stated to have left home stating that on account of "Bhai Dooj" he is going to his sister's place. Thus, from the prosecution evidence itself after the deceased was seen with the accused, he has returned home and had left his house on the fateful day stating that he is going to his sister's place and after he had left his home, he has not been seen with the accused.