SHANKER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is filed by the State of Rajasthan against the judgment dated 29.3.1996 passed by learned Additional Sessions Judge No.2, Udaipur whereby respondents Shanker and Gota were acquitted of the charges under Sections 302, 304/34 and 342 IPC.

(2.) IN nutshell, the case of the prosecution is that on 11 th July, 1994 at 2.30 p.m., PW -2 Velu wife of Mega Dangi made an oral complaint before Shambhu Singh A.S.I. P.S. Salumber (PW16) that a day before, in evening, after sunset, her son Dalla was going to bring oxes which were in the beed.

(3.) A .S.I. Shri Shambhu Singh PW -16 reduced the above report into writing as Ex.P/15 and sent the same with Tej Singh Constable at P.S. Salumber for registering the formal F.I.R. As it was disclosing offence punishable under Section 302/34 IPC, an FIR No. 152/94 for offence under Section 302/34 IPC was registered at Police Station, Salumber and investigation was started.