STATE OF RAJASTHAN Vs. PREM SINGH

JUDGEMENT

(1.) In the instant criminal appeal, the appellant-State has challenged the judgment of acquittal dtd. 6/2/1997 passed by the learned Special Judge, N.D.P.S. Cases, Jodhpur (Rs.Trial Court') in Sessions Case No. 99/96 (State of Rajasthan Vs. Premsingh & Ors.), whereby the accused- respondents herein were acquitted of the charges against them under Sec. 302, read with Ss. 149, 147 and 498A IPC.

(2.) The matter pertains to an incident which had occurred in the year 1990 and the present appeal has been pending since the year 1998.

(3.) Brief facts of this case, as placed before this Court by the learned Public Prosecutor appearing on behalf the appellant-State, are that one Balchand (complainant) lodged an FIR on 29/6/1990 before the Police Station, Sardarpura, Jodhpur. Later, the complainant on 7/9/1990 submitted a complaint before the learned Judicial Magistrate No. 2, Jodhpur wherein it was alleged that he had no faith in the police authorities and thus, he had an apprehension that the case would not be investigated in a fair manner.