(1.) The instant criminal eave to appeal has been filed the State of Rajasthan under Section 378 (iii) and (i) of Cr.P.C. against the judgment dated 10.02.2016 passed by learned Addl. Sessions Judge No.2, Hanumangarh, in Session Case No.27/2012, by which the learned trial court convicted the accused respondent for the offence under Section 323 IPC, but acquitted the respondents from the charges levelled against them for the offences under Section 460, 302/149, 148, 396 & 120B of IPC.
(2.) Briefly stated, the facts of the case are that complainant, Raju (PW.2) submitted a report at Police Station- Sadar, alleging therein, his father, Jagsir Singh, mother Jamna, and younger brother Gurmel Singh are residing at Ward No.2 Dablirathan and from last three months they went at Pakka Bhadwa to work in the agricultural field. Yesterday on 20.12.2010 at about 05.00 PM, his father Jagsir Singh, came to him at Chak 11 STG to leave his daughter and after taking tea, he went back to his home.
(3.) At the house situated in village, his father alone was staying and no other person was there and in the night of 20.12.2010, somebody committed murder of him while inflicting injuries upon his body. As per complainant, in the morning, his brother Gurmel Singh, gave a phone call on the mobile of his father, however, the same was found switched off. Thereafter, his brother gave a phone call to his neighbourer, namely, Kuldeep Singh, and requested him that his father may be called and for talk.