STATE OF RAJASTHAN Vs. DALIP SINGH

JUDGEMENT

(1.) The above criminal appeal as well as criminal revision petition are being decided by this common judgment as they arise out of same judgment dtd. 24/2/2001 passed by the trial Court.

(2.) D.B. Criminal Appeal No. 399/2001 has been filed by the appellantState, whereas D.B. Criminal Revision Petition No.375/2001 has been filed by the complainant-Randhir challenging the Judgment and Order dtd. 24/2/2001 passed by Additional Sessions Judge, Jhunjhunu in Sessions Case No.20/2000 (Old No. 67/2000) (State of Rajasthan vs. Dalip Singh) vide which accused-respondent has been acquitted for the offence under Sec. 302 of I.P.C.

(3.) Brief facts relevant and germane for disposal of present appeal and revision petition are that complainantRandhir (P.W.3) submitted a written report (Ex.P/10) to SHO Police Station Guda Gaurji, District Jhunjhunu on 12/12/1999 to the effect that his younger brother Rohtas was working on Gadiya Dharmkanta at Jhunjhunu since past one and a half year. He did not come home for past 5-6 days. He used to go to his sister, who was married in Udawas. Yesterday evening, he left Dharmkanta and it was heard that Rohtas and Babulal were accompanying him. Today morning at about 7.00 a.m., Amar Singh came to him and informed that a man was lying dead near the tank of the village. The complainant went there and saw that his brother Rohtas was lying dead. There was a wound like cut on his head and he was eaten by dogs. It was mentioned in the report that some unknown persons had killed his brother and threw him there. On the basis of said report, F.I.R. No.330/1999 (Ex.P/18) was registered for the offence under Sec. 302 of I.P.C. and investigation was commenced. After conclusion of investigation, police submitted charge-sheet against accused-respondent for the offence under Sec. 302 of I.P.C. before the competent Court and competent Court committed the case for trial to the Court of Sessions. The trial Court framed charge against accused-respondent for the offence under Sec. 302 IPC. Accused-respondent denied charges and claimed for trial. Prosecution produced as many as 18 witnesses and got exhibited 20 documents. Statement of accused- respondent was recorded under Sec. 313 Cr.P.C and in his defence, he got exhibited the police statements as Ex. D1 to D3. After conclusion of trial, the trial Court passed judgment and order dtd. 24/2/2001 acquitting the accused-respondent for the alleged offence. Hence, this criminal appeal as well as criminal revision petition have been preferred by the appellant-State and the petitioner-complainant, respectively.