STATE OF RAJASTHAN Vs. RAM KUWAR AND ORS.

JUDGEMENT

(1.) THE instant cr. leave to appeal has been filed by the State of Rajasthan under Section 378(iii)(i) Cr.P.C. against the judgment dated 28.3.2014 passed by the Addl. Sessions Judge NO. 3, Bhilwara in Sessions Case NO. 70/2012 whereby the learned trial court acquitted the respondents from the offence under Sections 302 and 302/34 IPC.

(2.) AS per the brief facts of the case a written FIR (Ex. P/18) was filed by PW -2 Kailash Chandra Meena S/o. Panna Lal Meena at Police Station Mandalgarh, District Bhilwara on 28.6.2011, upon which the SHO, Police Station Mandalgarh registered an FIR No. 108 under Section 302 IPC. It is stated in the FIR that the complainant and his younger brother Mohan Lal and Durga Lal were working in the agricultural field, at that time, Durga Lal was taken away by Ram Kuwar and in the evening at about 7.30 pm Durga Lal came back to his house and just after some time he went back from the house at that time, his father Varda asked him to take food but Durga Lal said that he is returning back but did not come back till 9.00 pm in the night, therefore, the father of Durga Lal, Varda went upon well in the agricultural field where Durga Lal was found but upon searching it is found that he died, then father of Durga Lal came back to the house and after taking his brother Modu with him came back on well and give phone call to the police station and informed that somebody has killed Durga Lal. Upon aforesaid complaint, the police registered the FIR against unknown person and commenced the investigation.

(3.) AFTER recovery of cord (Rassi) from the respondents challan was filed by the investigating officer in the court of Addl. Chief Judicial Magistrate, Mandalgarh from where the case was committed for trail to the District & Sessions Judge, Bhilwara and the said court transferred the case for trail in the court of Addl. Sessions Judge No. 3, Bhilwara. The Addl. Sessions Judge NO. 3, Bhilwara commenced the trial after framing charge against the respondents for offence under Section 302 or 302/34 IPC and commenced the trial. In the trial, statements of 14 prosecution witnesses were recorded and 22 documents were exhibited and after recording statements of witnesses of prosecution, the statements of respondents were recorded under Section 313 Cr.P.C. and in spite of granting an opportunity to lead oral evidence, the respondents did not produce any oral evidence before the court in defence.