STATE OF RAJASTHAN Vs. BIRBAL

JUDGEMENT

(1.) To have leave to appeal the judgment dated 18.6.2013 passed by learned Addl. Sessions Judge, Deedwana this application is preferred.

(2.) By the judgment aforesaid, the learned trial court acquitted accused Birbal, Jagdish and Manoj @, Munna from the charges pertaining to offence punishable under Sections 457, 380 read with 120-B and Section 302 read with 120-B I.P.C. Accused Aslam was also acquitted from the charge relating to offence punishable under Section 380 read with 120-B I.P.C. and Section 302 read with 120-B I.P.C.

(3.) While pressing this application, the argument advanced by learned Public Prosecutor is that the trial court erred while acquitting the accused persons by disbelieving the recoveries made at their instance. It is submitted that adequate evidence is available on record for having criminal conspiracy among the accused persons to accomplish the crime. To substantiate this argument learned Public Prosecutor has placed reliance upon certain calldetails pertaining to cellular phone No. 9549343272, 8649974911 and 9983038827. These cellular phone numbers relate to the accused Manoj, Aslam and Birbal. Reliance is also placed upon the cellular phone having no.8649974911 having connection in the name of accused Aslam.