STATE OF RAJASTHAN Vs. MOTILAL

JUDGEMENT

(1.) By way of instant criminal appeal, appellant-State has challenged the validity and legality of the judgment dtd. 16/9/1992 passed by the learned Sessions Judge, Jalore (for short 'the learned Trial Court') in Sessions Case No. 60/1991, whereby accused-respondent Motilal has been acquitted for the offences under Ss. 302, 307 and 304-B IPC.

(2.) The case of the prosecution is that on 18/8/1991, accused-respondent after giving beating to his wife Pushpa and sons with iron handle of hand pump and considering them as dead, reached at Police Station Sayla and gave information of commission of offence to SHO Ram Lal (PW-11). The Memorandum of Statement (Ex.P/22), reads as under:-

(3.) Learned Public Prosecutor submitted that the learned Trial Court failed to appreciate the statements of the witnesses in the correct perspective, thereby committing a grave and serious error of law in acquitting the accused respondent of the charges under Ss. 302, 307 and 304-B IPC. It is further submitted that in the instant case, information was given by the accused respondent himself, which amounts to his confessional statement. It is further submitted that presence of accused-respondent at the time of incident in the house, which was in his exclusive possession, absolutely rules out the possibility of a stranger's entry during the daytime. It is also submitted that accused respondent's remorseful conduct immediately after the occurrence is admissible in evidence.