STATE OF RAJASTHAN Vs. DHANNA LAL

JUDGEMENT

(1.) THE State of Rajasthan has preferred this appeal against the judgment dated March 28, 1972, of the learned Sessions Judge, Bhilwara, by which respondent Dhannalal was acquitted of the offence punishable under Sections 302 and 201, of the Indian Penal Code.

(2.) THE case according to the prosecution was this. Respondent Dhannalal was on visiting terms terms with Harskial deceased. Dhannalal wanted to borrow a sum of Rs. 3,000/ - from Haraklal by mortgaging his land. On 29.5.71, Haraklal left his home at 10. a.m., with respondent Dhannalal. Haraklal had Rs. 3,000/ - with him, and he was wearing khakhi pants, chocolate colour bush -shirt, silver ring in finger of one band and a copper ring in a finger of another hard. He was also having watch with him He wore an underwear with stripes. Haraklal never returned to his home. His wife Kante made search of him. On 1.6.71, she went to Bhilwara Haraklal was employed as peon in Tehsil. She was informed at Bhilwara that Haraklal bed cot come on duty after 28th of May, 1971. She also informed Schanlal, brother of his husband. On 29.5.71, Dhannalal and Haraklal deceased went to the shop of Lacuram of Mandal and form there at about 5.30 P.M. they went away by Goskhai(sic) On 2.6.71, Sangramsingh saw a dead -body floating in Am(sic) well of Bhursingh situated at a distance of one mile from village Jali P. W. 10 Chandidan then write report, Ex. P/12 and sent it with Bakhtawar Balai to Dildarkahn p.w. 4, police constable, police outpost, Daulatgarh, Dildarkhan sent this report, Ex P/12 to police station, Asind, where it was received by p.w. 11 Hazarilal, Head Constable, then in -charge of police station. He directed Dildarkhan to proceed to the spot and recover the dead -body in presence of motbirs and prepared inquest memo Ex. P.1. The dead body had only one underwear with stripes on it. Dildar Khan seized and sealed the underwear, Ex. P.4 He called Dr. Jagdish(sic) post -mortom on the dead -body and found the following injuries: 1. Lacerated wound on the right parietal region of the scalp. The size of the would 1 -1/2' X 1/2'. 2. Lacerated wound on the middle of the left body of the mandible size of the wound 1' X 1/2'.

(3.) WE have heard the learned Public Prosecutor for the State and Mr. J M Bhandari for the respondent and perused the record of the case carefully.