STATE OF RAJASTHAN Vs. JASWANT SINGH

JUDGEMENT

(1.) The instant appeal has been filed by the State of Rajasthan against the judgment and order dated 3rd March 1986 passed by Additional Sessions Judge No.2, Hanumangarh in Sessions Case No. 31/85 whereby the learned trial Court acquitted respondent Jaswant Singh from the charges levelled against him under Section 302 and 201 IPC.

(2.) As per facts of the case, an FIR was registered at Police Station Pilibanga, District Sri Ganganagar on 15th March 1985 on the basis of statement of PW2 Mehar Chand in which complainant Mehar Chand reported to the police that his brother Sadhu Singh is missing since 16th February 1985. The said report was recorded in the "ROJNAMCHA " by the Police Station Sangria on 21st February 1985, which is evident from Ex.P/2A.

(3.) The dead body of Late Sadhu Singh was found at canal LNW Longowala Head at Moga No.2 on 25th February 1985. The police had immediately drawn a report under Section 174 Cr.PC. and inspected the site and got the post mortem of the dead body of Sadhu Singh conducted. During the course of completing necessary formalities by the police, PW2 Mehar Chand stated before the police that Jaswant Singh has committed the murder of his brother Sadhu Singh and he has made extra-judicial confession before him. Upon his statement made on 15th March 1985, a case was registered against Jaswant Singh at Police Station Pilibanga vide FIR Ex.P/10 on 16th March 1985. In the investigation, an agreement concerning Sadhu Singh was produced and as per information given by the accused, place of occurrence was searched out and recovery of wine bottle was made and after completion of investigation, police filed challan against Jaswant Singh in the Court of Judicial Magistrate, Suratgarh from where the case was committed to the Court of Additional Sessions Judge No.2, Hanumangarh. In the investigation, no direct evidence came on record but challan was filed on the basis of circumstantial evidence of last seen and extra-judicial confession so also recovery of articles.