STATE OF RAJASTHAN Vs. PRAKASH

JUDGEMENT

(1.) The State of Rajasthan has preferred the instant application under Section 378 (iii) and (i) CrPC seeking leave to file an appeal against the judgment dated 14.09.2016 passed by the learned Sessions Judge, Jodhpur Metropolitan in Sessions Case No.74/2014, whereby the respondent Prakash S/o late Mr. Mula Ram was acquitted from the charges under Section 302 and 201 read with Section 302 IPC.

(2.) We have heard and considered the submissions advanced by the learned Public Prosecutor and the learned Amicus Curiae Mr. Vinod Sharma and have gone through the impugned judgment.

(3.) We find that the entire prosecution case is based purely on circumstantial evidence. Deceased Prakash, aged about 8- 9 years, deceased son of the first informant Shrawan, went missing from his house located at Jhopadpatti Sector 9, Near Baba Ramdev Temple, Sangaria, Police Station Kudi Bhagtasni about 5 days before the date of lodging of the report, i.e. 14.05.2014. The first informant alleged that the accused respondent Prakash, being his cousin (Bua ka ladka) had hurled an insinuation that his son Prakash would not be traced out and that he should abandon his hopes. The first informant received an information on 14.05.2014 that the dead body of a child was lying in Vivek Vihar. He went there and got shocked on seeing the dead body. Thereafter, he alongwith all the family members went to the hospital and identified the body to be that of his son Prakash. The dead body was subjected to postmortem. Initial investigation was conducted by the Investigating Officer Mr. Pramod Sharma, S.H.O. and later on handed over to Mr. Govind (P.W.9), Sub-Inspector. Site inspection plan and other formal documents (Ex.P/3 to Ex.P/7) were prepared. The statements of the material witnesses were recorded. The accused was arrested and acting in furtherance of the information provided by him to the Investigating Officer, the alleged weapon being a blood stained stone was recovered vide memorandum (Ex.P/10). After conclusion of investigation, a charge-sheet came to be filed against the respondent for the offences under Sections 302 and 201 IPC. The case was committed to the Court of Sessions Judge, Jodhpur Metropolitan for trial. Charges were framed against the accused-respondent for the offences under Sections 302 and 201 read with Section 302 IPC. He pleaded not guilty and sought trial.