STATE OF RAJASTHAN Vs. RAJENDRA

JUDGEMENT

(1.) This appeal is filed by the appellant-State against the judgment of acquittal dtd. 20/9/1996 passed by the Additional Sessions Judge, No.1, Alwar in Session case No.22/1988 arising from FIR No.60/1988 registered at Police Station Kotwali, Alwar.

(2.) The appeal was filed against the acquittal of three accused arrayed as respondents. During pendency of the appeal, accused - Sanjay Kumar and Mukesh Kumar died and the appeal qua them was abated. The appeal survives against acquittal of Rajendra @ Raju Tilakdhari S/o Basudev (hereinafter referred to as 'respondent').

(3.) The facts as per the prosecution are that on 7/2/1988 on discovering the dead body of Pratap Singh (hereinafter referred to as 'deceased') near the backside entry of Nagar Parishad, PW-5 Trilok Singh (brother of the deceased) filed a complaint. The injuries were inflicted by the sharp-edged weapon on the neck of the deceased. During investigation, four accused were nominated. The charges were framed under Ss. 148, 302 and in alternate Sec. 302 read with Sec. 149 IPC. One of the accused ' Dinesh Kumar died during trial. In the statement made under Sec. 313 Cr.PC, the accused stated it to be a case of false implication and the trial was claimed.