STATE OF RAJASTHAN Vs. PYARELAL

JUDGEMENT

(1.) The instant criminal appeal has been filed by the State of Rajasthan against the judgment dated 18th January, 1993, passed by the Sessions Judge, Merta in Sessions Case No. 52/1992, whereby the learned trial judge acquitted the respondent Pyarelal from the charge levelled against him under Section 302 I.P.C.

(2.) As per brief facts of the case, the complainant Ramdev (PW-14) lodged a report (Ex.P./15) at Police Station Kuchaman City on 7th February, 1992, stating therein that on 6th February, 1992 a constable of Police Station Kuchaman City, Ramkaran came in his village and informed him that a dead body is lying in between the road of village Manglana to Narainpura. A transport bilty has been founds in his pocket duly endorsed in the name of driver Pyarelal (accused). The complainant constable Ramkaran show the bilty of my truck, therefore, complainant went to village Chandrapura to get information from driver Pyarelal, but he was not found in his house.

(3.) According to complainant, his truck No. RJP-4926 was in possession of driver Pyarelal from 1st February, 1992 upon which Surjaram R/o Keedvana, was employee, therefore, complainant went to the village of Surjaram also, but Surjaram not found in his house. Thereafter, the father of Surjaram and complainant identified deceased Surjaram on the basis of clothes found upon the body. The body of deceased Surjaram was handed over to the father and the complainant for cremation and he was cremated in the village Keedvana. As per complaint all the efforts were made to search Pyarelal at various places, but not found anywhere else, but today all of sudden in the morning all of a sudden, driver Pyarelal came in the village in truck No. RJP-4926 and catch (caught) my feet and started weeping and said that, and Surjaram reached Vijaynagar on 4th February, 1992, and after taking cement from cement factory, Nimbaheda proceeded towards village Rupangarh. In the village Rupangarh, there is hotel where they took food but at the time of taking the food, hot conversation took place in between me and Surjaram, therefore, I give (gave) beating to him. In between the way I asked Surjaram to check the tyre of the vehicle and when he was checking the tyre, I hit him and due to hitting, he died immediately and was lying on the spot, in the FIR, complainant levelled allegation against the accused that he made confession for committing murder of Surjaram, therefore, action may be taken against him.