STATE OF RAJASTHAN Vs. SOHAN SINGH

JUDGEMENT

(1.) The instant cr. leave to appeal has been filed by the State of Rajasthan under Section 378(iii) and (i) Cr.P.C.against the judgment dated 30.6.2014 passed the learned Addl. Sessions Judge NO.1, Udaipur in Sessions Case NO.15/2011 by which the learned trial court acquitted the respondent from the charge levelled against him under Section 395, 397 and 302 IPC.

(2.) Brief facts of the case are that upon statement (Ex.P/10) of PW-2 Kishan Singh S/o Bhabhut Singh dated 3.9.2010, FIR No.271 was registered at Police Station Dabok in which the complainant alleged that a missing report of my uncle Sh.Bheru Singh was registered on 1.8.2010 at Police Station Dabok in which it is stated that uncle of complainant Bheru Singh S/o Bagh Singh by caste Rajput aged about 70 years, resident of Napania is missing from my house from last 20-25 days.

(3.) After registration of the said missing report on 3.9.2010 the complainant received information that a dead body is recovered near Sobhji Ka Kheda Road where plots have been carved out. The complainant reached at site at 10.00 am along with Dault Singh where the police personnels from Police Station Dabok were also present. The police officials shown dead body lying in the drain to the complainant, which is identified by him on the basis of cloths and shoes. The body was decomposed and bones were visible. The skull has been fractured and two blood stained stones were also lying nearby the body, therefore, FIR was registered against some unknown person for committing murder of the complainant. After registration of the FIR the SHO, Police Station, Dabok conducted thorough investigation and charge-sheet dated 1.9.2004 for offence under Sections 302, 394 and 397 IPC was filed. During investigation, the Investigating Officer recorded statement of the witnesses and carried out the investigation and collected the evidence and as per the prosecution case Sohan Singh (respondent herein) confessed his offence during investigation and as per his information Rs.90,000/- and mobile phone of deceased were recovered from the house of respondent Sohan Singh. The recovered Rs.90,000/- and mobile phone were taken in possession after preparing seizure memos and two earrings and cloths were also recovered from the place of occurrence. The earrings were identified by the complainant PW-2 Kishan Singh in presence of Tehsildar, Vallabhnagar. All the articles were sent to the FSL for examination. After completion of investigation, the charge-sheet was filed against the respondent in the court of Addl. Chief Judicial Magistrate, Mavli from where the case was committed to the court of District & Sessions Judge, Udaipur, but later on transferred to the court of Addl. Sessions Judge (Fast Track) No.1, Udaipuir where trial took place.