THE STATE OF RAJASTHAN Vs. JANKILAL AND ORS.

JUDGEMENT

(1.) THIS criminal leave to appeal has been filed by the State seeking to assail judgment dated 24.12.2014 passed by Additional Sessions Judge, Camp Court, Bhawani Manedi, District Jhalawar (for short 'the Trial Court'), whereby the respondents -accused have been acquitted from the charges levelled against them for commission of offences punishable under Sections 302 or 302/34 IPC.

(2.) THE facts of the case are that a written report (Exhibit P -8) was submitted by Radhey Shyam (P.W. 2) to S.H.O., Police Station Sunail on 10.05.2012 stating therein that on previous day, i.e., 09.05.2012, at about 9.00 P.M., his father Balaram was standing in his agriculture field. At that time, his father abused Janki Lal Bhanoj stating that he was responsible for sale of lane of his relative (Byae). Prathvi Singh (P.W. 4), son of younger brother of the deceased, upon hearing this, intervened and took his uncle away from there. While Prathvi Singh came back to his house, Balaram did not return and he rather went to the well of Devi Lal, where a party (Goth) was organized by Devi Lal, Janki Lal and other persons, whose names were not known to the informant, Radhey Shyam. His father did not return back to home for the whole night and on following day, i.e., 10.05.2012, his dead body was found lying near the fields of Mohan Ji and Radha Kishan. The deceased had received injuries on his hands, legs and head. The informant expressed doubt that Janki Lal or the persons, who were present in the party, may be responsible for his father's death.

(3.) LEARNED Public Prosecutor has argued that the Trial Court has failed to appreciate that Smt. Sugan Bai (P.W. 13), daughter of the deceased, has clearly stated in her statement that on previous day, Shambhu Lal came to their house at about 7.00 P.M. and her father accompanied him. Shambhu Lal has reason to murder her father because her father had lodged FIR against him for committing rape upon Ajwanti Bai (P.W. 21), in which case he was convicted and had to remain in jail. Ajwanti Bai (P.W. 21), in her statement, has also expressed doubt against Shambhu Lal for causing death of Balaram and stated that about 15 -20 bears ago, Shambhu Lal had raped her and her father, brother -in -law and Balaram went to police station and lodged report against him.