STATE OF RAJASTHAN Vs. BHERU RAM

JUDGEMENT

(1.) The instant cr. leave to appeal has been filed by the State of Rajasthan under Sec. 378(iii) and (i) of the Crimial P.C. against the judgment dated 11.7.2014 passed by the learned Special Judge (SC/ST Cases), Merta in Sessions Case No.42/2014 by which the learned trial court acquitted the respondent for offence under Sec. 302 IPC.

(2.) As per the brief facts of the case, the complainant Sayri W/o Bheru Ram filed a written complaint on 10.4.2012 at Police Station, Thawala, District Merta in which it was alleged that she and her daughter went to Ghasi Ram son of elder brother of her husband at Bherunda and returned back to the village Rohisa on 14.4.2014. At that time, his son Prem informed that his father Bheru Ram murdered his brother after consuming liquor and run away from the house. After hearing cry the villagers and Sarpanch, Rohisa and Rakesh Gaur informed the police. The complainant raised apprehension that her husband accused Bheru Ram can destroy their peace of the family, therefore, they may be provided adequate security so also take action against her husband Bheru Ra, who committed murder of her son Girdhari.

(3.) On the said information, FIR no.49/2012 was registered under Sec. 302 Penal Code against respondent Bheru Ram and after usual investigation charge-sheet was filed in the court of Judicial Magistrate, First Class, Degana from where the case was committed to the court of Sessions Judge, Merta but later on transferred to the court of Special Judge (SC/ST Cases), Merta where trial took place. After framing charge under Sec. 302 IPC, the statement of prosecution witnesses were recorded including complainant PW2 Sayri and 7 documents were exhibited. Thereafter, the statement of respondent Bheru Ram were recorded under Sec. 313 Cr.P.C..