STATE OF RAJASTHAN Vs. UMAR KHAN S/O HASAM KHAN, BY CASTE DESHWARLI (MUSALMAN) RESIDENT OF BHAKARI, POLICE STATION PILVA, DISTRICT NAGAUR

JUDGEMENT

(1.) In this criminal appeal filed by the State of Rajasthan under Sec. 378 (3) and (1) of Crimial P.C., the judgment dated 18th Feb., 1995, passed by learned Sessions Judge, Merta Camp, Parbatsar, is under challenge, whereby the respondents Umar Khan and Mamarudeen, were acquitted from the charges levelled against them for the offence under Sections 302/34 and 201/34 of Penal Code while extending them benefit of doubt.

(2.) Briefly stated, the facts of the case are that complainant, Daud (PW.5) submitted a hand written report (Ex.P/1) on 04.04.1991 at Police Station-Peelwa stating therein that on 31.03.1991 my brother, namely, Iqbal was seen standing near Primary School, Station at 07.30-08.00 PM, however, he did not return back to home. It was further stated in the complaint that efforts were made to search him but he was not found.

(3.) After filing the aforesaid missing person report on 04.04.1991, the dead body of Iqbal, brother of complainant, was recovered, therefore, another report was filed by him on 06.04.1991 stating therein that earlier he filed missing person report of his brother Iqbal @ Gormant on 04.04.1991, but today his dead body is found on 'Gular' road near the fencing of Forest Department and it appears that some body has killed his brother, therefore, action may be taken against the accused persons.