STATE OF RAJASTHAN Vs. TULSI RAM

JUDGEMENT

(1.) By way of instant criminal appeal, the appellant-State has challenged the validity and legality of the judgment dtd. 23/3/1989 passed by the learned Additional Sessions Judge, Bhilwara in Sessions Case No.30/1985, whereby the accused-respondent Tulsi Ram has been acquitted for the offences under Ss. 364, 386, 507, 302 and 201 IPC.

(2.) The facts in brief are that complainant-Harish Chandra submitted a written complaint on 7/7/1983 at Kotwali, Bhilwara stating therein that Ashok Kumar son of his elder brother Jai Kishan, aged seven years, who had gone to school in the morning did not come back. The said missing report was entered in 'Roznamcha'. Subsequently, when even after search Ashok Kumar was not found, a Criminal Case No.272/1983 for offence under Sec. 363 IPC was registered on 10/7/1983.

(3.) On the same date i.e. 10/7/1983, in the evening at 6:15, it was heard that a dead body of a child is lying near village Bholi. The police personnel reached at the place of incident and found a skeleton of a child, therefore, the matter was investigated and upon completion of investigation, charge-sheet against accused-respondent Tulsi Ram for offences under Ss. 302, 364, 386, 507, and 201 IPC was filed before the learned Chief Judicial Magistrate, Bhilwara, from where the case was committed to the court of Additional Sessions Judge, Bhilwara. Subsequently, charges were framed against accused-respondent Tulsi Ram for offences under Ss. 364, 386, 507, 302 and 201 IPC, who denied the charges levelled against him and claimed trial.