STATE OF RAJASTHAN Vs. MANDAR SINGH

JUDGEMENT

(1.) The present appeal is directed against the judgment of acquittal dtd. 1/3/1994 passed by the learned Additional Sessions Judge, Raisinghnagar on the file of Session Case No.51/1993, wherein and whereby the respondents were acquitted of the charges for offence under Ss. 302/34, 326/34, 325/34, 325, 323 and 201 of IPC.

(2.) Against the said acquittal, the present appeal is at the instance of the State.

(3.) Concisely, the case of the prosecution is that on 19/4/1993 at about 3:30 p.m., Gurudev Singh, uncle of the deceased-Major Singh lodged a report at Police Station Anupgarh stating that on 17/4/1993, Major Singh and two brothers Binder Singh and Balveer Singh went to the field for harvesting crop. While he was returning, he found that Major Singh was at the liquor shop situated at Chak 137 RD Head. Binder Singh and Balveer Singh also saw that the deceased-Major Singh was consuming the liquor at liquor shop at about 7:30 pm and they insisted Major Singh to come along with them. However, he could not accompany them and did not turn out the entire night to the house. When the complainant went to Chak 137 RD Head next day morning at about 6:30 p.m., he met with Mangla Ram and Goma Ram. They informed the complainant that they had seen the deceased Major Singh. He was being forcibly dragged by Mandar Singh and after that, Mandar Singh's mother had heard crying 'maar diya, maar diya". The complainant went to the house of the relatives of the accused and verified presence of Major Singh but he could not find Major Singh. On suspicion, when they went to get information from accused-Mandar Singh, the door of the house of accused was blocked and all the accused were absconded. Thus, suspicion was entertained on Mandar Singh.