KALYAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both instant appeals one i.e. Cr. Appeal No.135/2020 by the complainant Kalyan Singh and the other i.e. Cr. Leave to Appeal No.174/2020 by the State, have been preferred against the common judgment dated 08.01.2020 passed by learned Special Judge, SC/ST (Prevention of Atrocities Cases), District Barmer in Session Case No.107/2018 (113/2014) titled as State Vs. Khet Singh & Anr. whereby the learned Judge acquitted the accusedrespondents namely Khet Singh and Jeeya Khan from the charges for offences under Sections 302, 201 IPC.

(2.) Brief facts of the case are that on 20.08.2014 the complainant Kalyan Singh gave a written report before SHO, PS Shiv, District Barmer inter-alia alleging therein that on 18.08.2014 when he was in Jodhpur, he received a telephonic call from his family that his son Derawar Singh was missing from last two days. Upon receiving the said information, the complainant returned to his village and inquired about his son from the villagers and other family members. Upon such inquiry, one Viram Singh informed that his son Derawar Singh, accused Khet Singh and Jeeya Khan had been seen going towards Sudasar Pond on Jeeya Khan's tractor. On the said information, the complainant went to Sudasar Pond where he found the dead body of his son. Thereafter Bhagwan Singh, cousin brother of the complainant, informed the Police. The complainant further alleged in the complaint that earlier a quarrel had taken place between accused Khet Singh, Jeeya Khan and his son Derawar Singh about a money matter and therefore, to take revenge from his son, the accused respondents took his son with them and killed him and thereafter threw his dead body into the pond. On this complaint, the Police registered the FIR No.128/2014 for offence under Sections 302, 201 IPC against the accused-respondents and commenced investigation.

(3.) During the course of investigation, the accused-respondents were arrested. After completion of investigation, the Police filed charge-sheet against the accused-respondents for the aforesaid offences.