STATE OF RAJASTHAN Vs. BALIA

JUDGEMENT

(1.) IN this criminal appeal the State of Rajasthan is challenging the validity of the judgment dated 1.6. 1992 passed by the learned Sessions Judge, Jodhpur in Sessions Case No. 168/1991 whereby the learned trial court acquitted the respondent from the charge levelled against him under Section 302 IPC.

(2.) AS per facts of the case, the complainant PW - -12 Suraj Kumar lodged a written report (Ex. P/10) at 9.30 pm on 9.8.1991 at Police Station Udai Mandir, Jodhpur in which it was stated that he is working on the post of Mistri in Alcobox Factory and deceased Kalu Ram S/o. Duda Ram is also working in the same factory. In the evening of 9.8.1991 at about 6.45 pm he went alongwith accused respondent Baliya @ Balwant Singh to the shop of Kripa Ram and thereafter they went to the house of PW - -4 Dhoodki Sasan from her the accused Baliya @ Balwant Singh took half bottle liquor and after consuming the liquor in the house of PW - -4 Dhoodki Sasan, they went to the shop of PW - -3 Trilok Chand and called deceased by raising voice. In reply to the call made by the accused, the deceased replied that within short time, he is coming. After some time, the deceased did not come and went to the house of PW - -4 Dhoodki Sasan and accused alongwith complainant went at the house of PW - -4 Dhoodki Sasan and saw from window of kitchen that deceased was talking with PW - -4 Dhoodki Sasan. At that time, the accused asked the complainant to stay near the poll and in the evening at about 7.30 when Kalu Ram deceased came out from the house of PW - -4 Dhoodki Sasan, the accused inflicted injury by knife upon his stomach and chest and ran away from the place of occurrence and also asked complainant to run away from the place of occurrence. Due to injuries, deceased Kalu Ram fell down and complainant Suraj Kumar immediately rushed to the house of deceased and give information to his mother about the incident. As per fact, the complainant took deceased Kalu Ram to the hospital alongwith his mother in taxi. When they reached the doctors of the hospital declared that he died. As per allegation in the FIR, the accused inflicted injury due to enmity in between accused and deceased taken. Upon receiving written report, FIR No. 264 dated 9.8.1991 (Ex. P/10) was registered under Section 302 IPC at Police Station, Udai Mandir, Jodhpur and investigation was commenced.

(3.) IN the trial statements of 13 prosecution witnesses were recorded and in all 16 documents were exhibited, thereafter, statement of respondent were under Section 313 Cr.P.C. by the learned trial court in which he said that all the allegations levelled by the prosecution witnesses are wrong and no knife was recovered from him. No evidence was produced by the respondent in his defence.