STATE OF RAJASTHAN Vs. DHARMENDRA KUMAR NAGWAL

JUDGEMENT

(1.) The appellant - State of Rajasthan has preferred instant appeal under Sec. 419(i)(iii) of the Bhartiya Nagarik Suraksha Sanhita, 2023 challenging the Judgment and Order dtd. 6/7/2023 passed by the Additional Sessions Judge No. 4, Ajmer in Sessions Case No.752022 (State of Rajasthan vs. Dharmendra Kumar Nagwal and ors.), whereby accused-respondent No. 1 was acquitted for the offences under Ss. 302 and 201 of I.P.C. and accused-respondent Nos. 2 and 3 were acquitted for the offences under Ss. 330, 342, 323, 364, 365, 302, 201 and 120-B of I.P.C. by extending benefit of doubt.

(2.) Brief facts relevant for disposal of present appeal are that on 12/12/2021, complainant Pramod Chauhan submitted a written report (Ex.P2) before the SHO, Police Station Alwar Gate, Ajmer to the effect that Dharmendra Nagwal was his neighbour. On 11/12/2021 at around 3.30 p.m., Dharmendra Nagwal's son Gaurav and his uncle came to his house and were talking to his brother that Vinod had stolen the pipe installed outside their house. Vinod refused to do this and Gaurav and his uncle took Vinod with them with the intention to kill him, asking him to clarify the reality. After which, at about 5.30 p.m., Dharmendra Nagwal, who was also a candidate for Parshad, left his brother Vinod at the old house and came to the new house nearby and told his father that Vinod was injured. They got him treated and bandaged and dropped him at the old house by car. He was working in the field nearby. Then, Gaurav came and said that Vinod was injured, he was treated and left at the home. After which, he and his father went home and saw that Vinod's head was bandaged and he was sleeping, after which his father went to wake him up in the morning and found that Vinod had died. Blood was flowing from the back of Vinod's head. He saw that Vinod had defecated in the bed itself and blood was flowing from his head. His brother Vinod died due to assault by Dharmendra Nagwal, his son Gaurav and uncle together etc.

(3.) On the basis of said report, FIR No. 3362021 was registered at Police Station, Alwar Gate, Ajmer for the offences under Ss. 365, 302, 201 and 34 of I.P.C. and investigation was commenced. After investigation, charge-sheet was submitted against accused-respondents Kuldeep Nagwal and Gaurav Nagwal for the offences under Ss. 330, 342, 323, 364, 365, 302, 201 and 120-B of I.P.C. and against accused-respondent Dharmendra Kumar Nagwal for the offences under Ss. 302 and 201 of I.P.C. before the court of concerned Magistrate, who took cognizance of aforesaid offence against accused-respondents and committed the case to the court of Sessions, from where it was transferred to the court of Additional Sessions Judge No. 4, Ajmer (for short 'learned trial court' hereinafter).