BHANWAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The State of Rajasthan is in appeal against the judgment dtd. 31/10/2002 passed by the Additional District and Sessions Judge, Fast Track, Sikar in Sessions case No.09/2002 acquitting the accused-respondents for the offences under Ss. 302/34 and 201 IPC.

(2.) The facts as per the prosecution are that on complaint dtd. 25/10/2001 given by Bodu Singh- father of deceased (hereinafter referred to as 'complainant'), FIR No.197/2001 was registered at Police Station Raghunathgarh, District Sikar under Ss. 302, 201 & 34 IPC. The complainant stated that his son Vikram Singh (hereinafter referred to as 'deceased') was in relationship with Jamna Kanwar (respondent No.1) resident of the same village. She was also having relationship with Dalip Singh, Gopal Singh and Raghuveer Singh- respondent Nos.2 to 4 respectively (hereinafter referred to as 'respondents'). Respondents had thrice altercation with the deceased threatening him not to visit respondent No.1. In the evening of 11/10/2001, the complainant went to the house of respondent No.1 to bring deceased back, who refused to do so. As per the allegations, respondent Nos.1 to 4 killed the deceased on the night of 11/10/2001 and took the dead body in Jeep bearing registration number RJ-21C-4116 and hid it. On the basis of complaint, an FIR was registered. The respondents were arrested and at their instance four lathis including three having blood stains were recovered. After filing of the chargesheet, charges were framed u/s 302 & 201 read with Sec. 34 IPC. The prosecution examined twenty three witnesses and exhibited thirty four documents. In the statement recorded u/s 313 Cr.P.C., the respondents claimed it to be a case of false implication and respondent No.1 denied having relationship with the deceased. In defence, eighteen documents were exhibited. The trial Court considering the facts and appreciating the evidence adduced acquitted the respondents. Hence, the present appeal.

(3.) During pendency of the appeal, respondent No.3- Gopal Singh died and appeal qua him was abated.