STATE OF RAJASTHAN Vs. RAM NIWAS

JUDGEMENT

(1.) This criminal appeal has been preferred on behalf of the appellant-State being aggrieved by the judgment dtd. 17/2/1992 passed by the Sessions Judge, Churu (hereinafter to be referred as 'the trial court') in Sessions Case No.22/91, whereby the trial court has acquitted the respondents for the offences punishable under Ss. 302 and 302/120-B IPC.

(2.) Brief facts of the case are that on 18/11/1990 at about 10:00 AM, one Ratan Lal Darji R/o Ratan Nagar, District Churu furnished an information that some time ago when he was coming from Churu to Ratan Nagar, a passenger sitting in the tempo told him that on the right side of Churu - Ratan Nagar Road, one dead body is lying. On the basis of the said information, the SHO, Police Station Ratan Nagar, District Churu visited the site along with some police personnel and found a dead body of unknown person lying on Churu - Ratan Nagar Road and a towel was tied around the neck of that dead body. After preparation of Inspection Memo as well as Memo of Recovery of dead body and after recovering the other articles, the F.I.R. (Exhibit-P/22) was filed and investigation was started under Ss. 302 and 201 IPC against some unknown persons.

(3.) During the course of investigation, the police recorded statements of several witnesses and thereafter filed charge-sheet against respondent No.1 - Ram Niwas for the offences punishable under Ss. 302, 120-B and 379 IPC as well as against respondent No.2 - Naurang Ram for the offences punishable under Ss. 302 and 120-B IPC.