STATE OF RAJASTHAN Vs. ATHIK MOHAMMAD

JUDGEMENT

(1.) Heard the learned Public Prosecutor as well as the learned counsel for the complainant.

(2.) Both cases arise out of same F.I.R. (Ex.P1) and are directed against common order dated 16th September, 1982 passed by the Sessions Judge, Jaipur City, Jaipur in Sessions Case No.59/82, therefore, they are being disposed of by this common judgment.

(3.) The prosecution case commenced on the basis of oral report registered as FIR No.74/82 lodged by P.W.1 Gafur Khan S/o Chand Khan at Police Station, Ramganj, Jaipur. Initially case under Sections 307 & 324 I.P.C. was registered and after the injured Anwar succumbed to the injuries offence under section 307 IPC was converted into Section 302 I.P.C. The police arrested the accused and after completion of the investigation filed the challan against the accused-respondent Athik Mohammad for the offence under Section 302 I.P.C. The case was committed for trial to the court of Sessions Judge. The trial court framed charge against the accused under Section 302 I.P.C. The accused denied the charge and claimed trial. The prosecution, in support of its case, examined as many as 17 witnesses and also produced documentary evidence. No evidence was led in defence. The learned trial court after hearing the arguments of the parties and considering the record of the case, recorded a finding that the prosecution has failed to prove the charge against the accused beyond all reasonable doubt and consequently acquitted him.