(1.) This appeal has been preferred laying a challenge to the judgment of acquittal dtd. 19/9/2005 passed by the learned Additional Sessions Judge, Nathdwara, in Sessions Case No. 27/2003 (State of Rajasthan Vs. Shri Fateh Lal), whereby the accused-respondent, namely, Fateh Lal has been acquitted of the charges under Ss. 302 and 201 IPC.
(2.) The matter pertains to an incident which had occurred in the year 2003 and the present appeal has been pending since the year 2007.
(3.) The facts in nutshell are that an FIR was lodged by the complainant Ganesh Lal with allegation that on 8/8/2003 at around 7.00 A.M., he saw some smoke coming out from the house of one Rang Lal Mahajan. Some persons were gathered outside the house of Rang Lal Mahajan, however, his house was locked. Later, his brother Fateh Lal got the keys and opened the door. He along with other persons entered the house, wherein Rang Lal Mahajan was lying dead and blood was oozing out from his nose. His hand was lying on the pillow and smoke was also coming out of the burnt pillow. It was reported that someone murdered Rang Lal and has locked his house.