STATE OF RAJASTHAN Vs. JASWANT

JUDGEMENT

(1.) This criminal appeal under Sec. 378 Cr.P.C. has been preferred by the appellant-State laying a challenge to the judgment of acquittal dtd. 6/5/1998 passed by the learned Additional Sessions Judge No. 1, Bikaner, in Sessions Case No. 22/1996 (State of Rajasthan Vs. Jaswant & Ors.), whereby the accused-respondents, namely, Jaswant and Omiya @ Om Prakash were acquitted of the charges against them under Ss. 302 IPC, in alternative, Sec. 302/149 IPC and Ss. 147 & 148 IPC; accused- respondents, namely, Maliya @ Malaram, Raju and Pappu, were acquitted under Sec. 302, in alternative, Ss. 302/149 & 147 IPC and; accused-respondent Balbeer Singh was acquitted under Sec. 120-B IPC.

(2.) The matter pertains to an incident which had occurred in the year 1996 and the present appeal has been pending since the year 1998.

(3.) Briefly stated, the facts as presented before this Court by the learned Public Prosecutor appearing on behalf of the appellant-State are that on 16/5/1996, at around 6.00 AM, one Smt. Gauradevi, wife of Jhugan Kishore and mother of the deceased Babura, submitted a written complaint (Exhibit P-14) before the Reserve Centre (Aarakshi Kendra), Kotgate, Bikaner, while addressing the same to the Deputy Inspector General of Police, Bikaner. In the said complaint, she alleged that her son Babura, who then had been in judicial custody for approximately one and a half years on charge of murder, was taken to PBM Hospital along with nine other prisoners on 15/5/1996. While the police personnel escorted all prisoners back to the jail, Babura was allegedly taken separately by two police officers, amongst which one was the accused Balbir Singh, to a liquor store where they consumed alcohol and wandered with him the entire day.