RAGHUVEER SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is filed against judgment of acquittal dtd. 20/7/2024 passed by Additional Sessions Judge, Bundi in a case arising from FIR No.270/2021 lodged at Police Station Keshorai Patan, District Bundi under Sec. 302, 34, 201 & 341 of IPC.

(2.) As per the case set up by the prosecution, an FIR was registered at the instance of Raghuveer Sharma, brother of Somprakash Sringi (deceased). On 26/12/2020, a dead body was found lying on the railway track which was identified as of the deceased. On 3/9/2021, the FIR was registered and on insistence of the family members of the deceased, postmortem was not conducted. During investigation on the basis of conversation of deceased and Geeta recorded on phone of the deceased, the accused respondent Nos.2 to 4 were nominated. The prosecution examined twenty six witnesses and exhibited the documents. In the statement recorded u/s 313 Cr.P.C. accused stated it to be a case of false implication. The trial court giving benefit of doubt acquitted the accused.

(3.) Learned counsel for the appellant submits that the deceased and Sanwariya Goswami were in relationship with Geeta and were having strained relations with deceased. An FIR was registered by the deceased against Sanwariya Goswami. The contention is that the relationship between Geeta and Sawariya Goswami was established by the testimony of the witnesses and the conversation recorded at time of incident on the mobile phone of the deceased. The submission is that the complainant recognised that in recording the voice is of the accused. The rings and wallet of the deceased were recovered at the instance of Sawariya Goswami from his house. The towel used in the incident was also recovered at the instance of Sanwariya Goswami. The contention is that the trial court ignored the material evidence.