STATE OF RAJASTHAN Vs. UDA RAM

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment dated 29.01.1997 passed by learned Sessions Judge, Sri Ganganagar (hereinafter referred to as 'the trial court') in Sessions Case No.62/1994 whereby the learned trial court has acquitted the accused-respondent for the offences punishable under Sections 302 and 379 I.P.C.

(2.) Brief facts of the case are that PW-7 Birbal S/o Mangla Ram submitted a written report (Exhibit P/24) on 28.3.1992 stating therein that he has three sons viz. Dharm Pal, Hetram and Rameshwar. Dharmpal and Hetram are married and Dharmpal is residing separately in Sunderpura. In the evening, his grand-son Madan came to his house and informed that his mother Sharda went to field, but she did not return. Thereupon he, his son Het Ram and Ram Lal S/o Joora Ram Meghwal went to the field for searching Sharda and many other villagers followed them. At about 07:30 P.M., when they reached the agriculture field of Jagseet Singh S/o Bhupendra Singh, then in mustard crop, Uda Ram found dead body of Sharda and called them and when they reached the spot, they found Sharda lying there and her neck was tied with bed sheet, her tongue protruded out and blood was also coming out from her mouth. It is further stated that he thereafter sent Kumbha Ram and Hetram to call parents of Sharda and he went to report the matter to the police that some body has killed Sharda by strangling her in the field of Jagseet Singh.

(3.) On receiving this report, the police registered the FIR No.71/1992 for the offence punishable under Section 302 I.P.C. and started investigation. After conclusion of investigation, the police filed charge sheet against the accused-respondent for the offences punishable under Sections 302 and 379 I.P.C.