STATE OF RAJASTHAN Vs. RAKESH KUMAR

JUDGEMENT

(1.) This criminal appeal has been preferred by the appellant-State laying a challenge to the judgment of acquittal dtd. 3/11/1993 passed by the learned Additional Sessions Judge No.2, Sriganganagar, in Sessions Case No. 39/1992 (State of Rajasthan Vs. Rajesh Kumar @ Chili & Ors.) whereby the accused-respondent, namely, Rakesh Kumar @ Pappu was acquitted of the charges against him under Ss. 3 02 & 201 IPC and Sec. 3 /25 (1)(b) of ARMS ACT ; accused- respondents Harichand, Rajesh Kumar @ Chilli and Banwarilal were acquitted of the charges against them under Ss. 3 02. read with Ss. 3 4 , 120-B and 201 IPC, while extending all the accused-respondents the benefit of doubt.

(2.) The matter pertains to an incident which had occurred in the year 1992 and the present appeal has been pending since the year 1995.

(3.) Brief facts of the case, as placed before this Court by the learned Public Prosecutor appearing on behalf of the appellant- State, are that on 2/1/1992 at around 10:45 p.m., one Nanakchand (complainant) gave a verbal information before Police Station, Kotwali, Sriganganagar, stating that on the said date i.e. 2/1/1992, his brother, namely, Ashok was engaged in the business of sale of Ayurvedic medicines, and that, accused-respondent Rajesh Kumar @ Chilli, his father i.e. accused- respondent Harichand (now deceased) and Dr.Chandrabhan, were also engaged in the same business.