PARVATI DEVI Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) Heard the learned Counsel for the appellant and learned Public Prosecutor.

(2.) The instant Criminal Appeal has been filed by the complainant Smt. Parvati Devi W/o Late Shri Bahadur Singh against the judgment dated 6.5.2014 passed by the learned Addl. Sessions Judge, Shahpura, District Bhilwara (hereinafter referred to as the learned Trial Court for short) in Sessions Case No. 17/2009 (9/2005) (24/2005) whereby the learned Trial Court acquitted the respondents No. 2 to 5 for the offence punishable under Sections 147,148 and 302/149 I.P.C.

(3.) As per the brief facts upon the written report (Ex.P-2) filed by PW-2 Bahadur Singh at Police Station Jahajpur on 5.1.2004 at about 9.30 A.M. an F.I.R. was registered against the accused respondents No. 2 to 5 in which it was alleged that in the previous evening at about 8.00 P.M. when complainant reached to his house, he was informed by PW-3 Pewa that deceased Mahendra was forcibly taken away by Ratan Lal, Soraj, Sukhpal, Sita Ram and Satyanarayan from the way and took him in their house and inflicted serious injuries. It is also alleged in the F.I.R. that in the morning upon search Mahendra was not found. Upon that written report, the S.H.O., Police Station Jahajpur registered an F.I.R. (Ex.P-3) under Sections 342, 365, 143, 323/149 I.P.C. and after registration of F.I.R. a telephonic information was received from one Sita Ram that one dead body is lying in the field at Motipura village. Upon receiving aforesaid information, the police party went alongwith complainant Bahadur Singh at the place where the dead body is lying and found that said body was of Mahendra.