STATE OF RAJASTHAN Vs. MOHAN SINGH

JUDGEMENT

(1.) Instant criminal appeal has been filed by the State of Rajasthan under Sec. 378 Cr.P.C. against the judgment dated 20.03.1991 passed by learned Sessions Judge, Sriganganagar in Sessions Case No. 21/1990 under Sec. 302 IPC by which the learned Trial Judge acquitted the respondent Mohan Singh from the charges levelled against him under Sec. 302 IPC.

(2.) As per brief facts of the case, FIR No. 91/1990 Ex. P/1 under Sec. 302/34 IPC was registered at Police Station Sadar, Sriganganagar on the basis of written complaint filed by Babu lal PW/1 in which the complainant alleged that I and my elder brother Ram Kumar residing in Ashok Nagar and about 7:30 PM, Dharma s/o Richhpal, Ram Singh S/o Mailal came to my residence and they were talking in the house while taking liquor. At that time I left the house and went to the shop of Dinesh and came back at 9 PM. At that time I heard notice and one person informed me that somebody has been killed and so many persons are standing on the way.

(3.) PW/1 Babu lal further stated in the FIR Ex. P/1 that I went to the place where number of persons were standing and saw that body of my brother Ram Kumar was lying and he was dead, blood was coming out from his head. At that time, one Hamid S/o Abraham and Billu @ Naresh informed that my brother Ram Kumar has been killed by Dharma, Ram Singh Dhanak and one another person while inflicting injuries by sword and all ran away from the place of occurrence. It is also stated that we went t the house of Dharma and caught him and my brother's wife Anguri informed that Dharma and Ram Singh after taking liquor ate food and left at that time, they asked my brother to go with them to see picture but my brother's wife refused but Dharma and Ram Singh forcibly took away my brother while saying that drop us to Meera Chowk. It is also alleged in the FIR that my brother has been killed by Ram Singh because there is enmity with regard to dispute of truck, therefore, action may be taken against the accused respondent.