STATE Vs. MIKKU

JUDGEMENT

(1.) The instant application under Sec. 378(iii) and Sub-clause (i) Cr.P.C. has been filed by the State of Rajasthan seeking leave to file an appeal against the judgment dtd. 18/5/2019 passed by learned Addl. Sessions Judge, Sujangarh, District Churu in Sessions Case No. 12/2012 whereby, the respondents were acquitted of the charges for the offences punishable under Sec. 302/34 IPC and Sec. 4/25 of the Arms Act (against the accused Mikku @ Mukesh).

(2.) We have given our thoughtful consideration to the submissions advanced by learned Public Prosecutor and have gone through the impugned judgment.

(3.) The case of the prosecution commenced with the FIR (Ex.P/13) lodged by Kamal Kishore Mali, the complainant at the Police Station Sujangarh on 16/3/2012 alleging inter alia that his brother Mahesh received a call on 16/3/2012 at about 3:30 in the afternoon. After attending the call, Mahesh took key of the motorcycle from the informant and went away to some place on the motorcycle. Half an hour later, Santosh Soni, friend of Mahesh made a call on his mobile phone on which, some unknown person answered saying that Mahesh was not there. Later on, they came to know the Mahesh has been stabbed to death and the dead body had been found in a Nohra near the Mega Highway. The police picked up the dead body of Mahesh from the Nohra and deposited the same in the hospital mortuary. It was alleged that the caller who made the call to Mahesh, had killed him by deceit. Suspicion was cast on Mikku Swami @ Mukesh Swami S/o Shri Jagdish Swami, Sunil Tak @ Bholu S/o Madanlal Tak, Sunil Bhargav S/o Shri Jagdish, Ajay Jat, Sunil Bijarnia, Banwari Batesar etc with an allegation that they were bearing animosity with Mahesh and they might have killed him or might have arranged for his murder. After registration of the FIR, the accused respondents were arrested and certain recoveries (to be specific blood stained clothes etc of the accused persons) were effected at their instance. The dead body of Shri Mahesh was subjected to autopsy and a postmortem report (Ex.P/39) was received. The weapons of offence were recovered from the place of incident. Upon conclusion of investigation, a charge-sheet came to be filed against the accused persons for the offences punishable under Ss. 302/34 IPC and Sec. 4/25 of the Arms Act (against the accused Mikku @ Mukesh). The prosecution examined as 24 witnesses and exhibited 84 documents to prove its case. No direct evidence was adduced before the trial court to bring home the charges and the prosecution case was purely based on circumstantial evidence. The witnesses of circumstance of last seen did not support the prosecution case and were declared hostile.