SHYAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant cr. appeal has been filed under Section 372 Cr.P.C. by the complainant Shyam Singh S/o Gorakh Singh, resident of Bhatti Ki Bawri, Chopasani Road, Jodhpur to challenge the judgment dated 7.4.2014 passed by the Addl. Sessions Judge No.5, Jodhpur Metropolitan, Jodhpur in Sessions Case NO.24/2013 (State V. Raju Rao) by which the said court acquitted the accused respondent from the charge of offence under Section 302 IPC.

(2.) AS per the brief facts of the case an FIR was submitted by the petitioner complainant Shyam Singh (PW -3) on 8.4.2013 at about 5.15 a.m. at police station Chopasani Housing Board, Jodhpur in which it was alleged by the complainant that in the night at 2.00 a.m. on 8.4.2013 one Innova Car bearing No.RJ19 TA 3978 was roaming here and there while regularly blowing the horn and when the deceased Pushpa Devi inquired about blowing the horn regularly by the driver, the driver of the said car got annoyed and hit the deceased Pushpa Devi to kill her.

(3.) AS per the allegation in the FIR due to hit, Pushpa Devi fell down and became unconscious and the complainant who was there due to Ratijoga in the house of Ram sigh and other witnesses saw the incident by their eyes that driver of the above vehicle after hitting the deceased run away with the vehicle towards AIMs hospital road. Upon above FIR filed by Shyam Singh (PW -3), the regular investigation was conducted and after investigation challan was filed against the respondent no.2 Raju Rao S/o Dungar Ram in the court of Metropolitan Magistrate No.8, Jodhpur from where the case was committed to the Sessions Court and he transferred the case for trial to the court of Addl. Sessions Judge No.5, Jodhpur Metropolitan, Jodhpur where trial took place.