STATE OF RAJASTHAN Vs. JABARIYA

JUDGEMENT

(1.) This criminal appeal is directed against the judgment dated 31.08.1995 passed by Sessions Judge, Jalore (hereinafter referred to as 'the trial court') in Sessions Case No.47/94, whereby the trial court has acquitted the accused respondent for the offence punishable under Section 302 IPC.

(2.) Brief facts of the case are that PW-2 Kewa had submitted a written report Exb.P/1 at Police Station, Ahore, District Jalore on 29.03.1994, while alleging that they are three brothers, eldest one is Birma and youngest one is Varda and they are having separate herds. It is further stated that yesterday, they all three brothers took away their herds for the purpose of grazing. He and Varda took away their herds in the village Kshetrava. It is stated that at about 11:00 AM, he proceeded towards village along with his herds for the purpose of drinking water, whereas Varda went towards the agriculture field of Bagji Rajpoot. In the evening, when he reached at home along with his herd, his brother Birma informed him that Varda's herd came alone. Then he started searching for Varda but he was not found.

(3.) Thereafter he informed his brother Birma that today at about 11:00 AM when Varda along with his herd went towards Bagji Rajpoot's agriculture field then he saw that the accused respondent was chasing him and, therefore, they should go there to search Varda. When they reached the field of Bagji Rajpoot, they found dead body of Varda near a tree of prosopis cineraria and his turban was also there. They found injuries on the face of the dead body and also found the boot (shoes) marks nearby the dead body. It is further stated that accused respondent-Jabariya @ Jabbar Singh is notorious and contemptuous person and he has killed their brother Varda when he was cutting branches of prosopis cineraria. On receiving the said written report, the SHO, Police Station, Ahore, District Jalore has registered the FIR No.49/1994 for the offence punishable under Section 302 IPC and started investigation. After completion of investigation, the police has filed charge-sheet against the accused respondent for the offence punishable under Section 302 IPC.