STATE OF RAJASTHAN Vs. GHASI LAL BRAHMIN

JUDGEMENT

(1.) The State of Rajasthan has assailed the judgment and order dated 17.8.1984 passed by learned District and Sessions Judge, Sawaimadhopur in Sessions Case No. 99/1983 whereby accused-respondent Ghasi Lal was acquitted from the charges of offences punishable under Sections 302, 376 and 404 I.P.C.

(2.) In brief, facts of the case are that on 8.6.1983 at about 12.40 PM, Hajari S/o Shri Bhagwanya Bairwa (PW-1) gave a written information (Ex. P-1) to SHO, Police Station Gadhmora, District Sawaimadhopur to the effect that his daughter Keshanti who was not feeling well, had gone to take medicine at about 8.00 PM. When Keshanti did not return till 9.00 PM, he (PW-1) came to the Bus stand in search of his daughter but she was not found anywhere. Hajari Lal (PW-1) after having returned home, along with his brothers searched for his daughter for the entire night. In the morning of the next day at about 9.00 AM, they reached at the Bus stand of Lalsar where Ranjeeta Gujar, Ladma, Chiranji Lal, Rajendra, etc. told them that one girl was lying dead in Deora. They called Sarpanch and other persons. On this information, F.I.R. No. 50/1983 (Ex. P-13) was registered at Police Station Gadhmora for offences punishable under Sections 302 and 382 I.P.C.

(3.) After investigation, charge-sheet for offences under Sections 302, 404 and 376 I.P.C. was submitted against the accused-respondent Ghasi Lal. Accused respondent was charged for the offences punishable under Sections 302, 376 and 404 I.P.C. The accused-respondent denied the charges and pleaded not guilty. During trial, the prosecution examined fifteen witnesses and exhibited 55 documents.