RAMESHWAR PRASAD Vs. STATE OF RAJASTHAN & ANR

JUDGEMENT

(1.) We have heard learned counsel for the appellant as well as learned Public Prosecutor for State and perused the record and judgment of the learned court below.

(2.) It is significant to note that the present accused was one of the accused alongwith nine others, he was tried in pursuance of the report (F.I.R. No.223/96) lodged at Police Station Govindgarh. Initially and challan against 11 accused persons had been filed by the Police after investigation for the offences under Sections 147, 148, 364, 302, 201, 120-B, 395 and 149 IPC and so far as the present accused is concerned, the investigation was kept pending under Section 173 (8) Cr.P.C. Vide order dated 18.05.1999, the learned trial court had discharged 2 of the accused persons out of 11 against whom challan was filed. As far as the remaining 9 accused persons are concerned, they were acquitted by the judgment of the Hon'ble Supreme Court of all the charges as mentioned in para No.51 of the judgment whereas the High Court had already acquitted all of them of all the charges under Section 148 and 201 IPC.

(3.) So far as the present case is concerned, the submission of the learned counsel for the appellant is similar to the one which was raised before the learned trial court. The principal witnesses including PW-3 Ajit Singh, PW-14 Hari Ram and PW-15 Kalu Ram have all turned hostile and they have not supported the prosecution case.