STATE OF RAJASTHAN Vs. RAJARAM @ RAJU

JUDGEMENT

(1.) The appellant State has filed the present criminal appeal being aggrieved by the judgment dt. 6/1/2003 passed by the learned Additional Sessions Judge (FT), Bikaner in Sessions Case No. 142/2001 whereby, the Trial Court acquitted the respondent from offence under Sec. 302 IPC.

(2.) Brief facts of the case are that on 13/2/1998 at 12.15 P.M. complainant Harphool, submitted a written report at P.S. Gajner to the effect that between him and Budhram an enmity existed for bus route for last few months. It was alleged that he was driving the bus No. RJ-07-P-1668 with conductor Ramesh Kumar. They started from Naachna to Bikaner in the morning. When they reached Bajju at 10.10 A.M. a bus No. RRF-3270 was parked at the bus stand. He asked the driver of said Bus to depart, as the time was over. Madan lal started the bus but instead of taking Kolayat bypass route, he came to Techri Fanta. It was alleged that Madan lal stopped the bus about 10 km from the Kolayat towards Bikaner. He came out and broke the glass of driver side. At that time two buses numbered RJ-13 P-1150 and RJ-07-P-0631 driven by Raju and Om Parkash, respectively arrived. The conductor of bus No. RJ-07-P-0631-Subhash came to his rescue but Madan lal inflicted a lathi blow to Subhash. He fell down and Raju started his bus and ran over Subhash. It was thus alleged that Subhash was murdered by respondent Raja Ram @ Raju.

(3.) On this report, an FIR was lodged and investigation commenced. The police filed chargesheet against the respondent accused for offence under Sec. 302 IPC. The case was committed to the Court of Additional Sessions Judge (FT), Bikaner where charges were framed against the respondent for offence under Sec. 302 IPC.