STATE OF RAJASTHAN Vs. PRAHLAD SINGH

JUDGEMENT

(1.) In this criminal leave to appeal filed by the State of Rajasthan under Sec. 378 (iii) and (i) of Crimial P.C., the State is seeking leave to appeal against the judgment dated 4.11.2015 passed by Addl. Sessions Judge, Parbatsar in Sessions Case No.39/2014 whereby the trial Court acquitted the respondent from the charge levelled against him for offence under Sec. 302 I.P.C.

(2.) As per brief facts of the case, PW-9 Dilip Singh S/o Rughnath Singh submitted a written report Ex.P/15 on 10.7.2014 at Police Station Chitava alleging therein that on 10.7.2014, in the morning at 6 O' Clock when he awakened, his brother was not found in the house, upon search, the body of his brother Bhom Singh was lying in front of house of his uncle Prahlad Singh. Allegation was levelled by the complainant against the respondent Prahlad Singh. Upon aforesaid report, FIR No.110/14 was rejected at Police Station Chitava and investigation was commenced by the police.

(3.) The police after usual investigation filed challan against the respondent Prahlad Singh in the Court of Judicial Magistrate, Kuchman City from where the case was committed to the Court of Addl. Sessions Judge, Parwatsar (Nagaur) for trial.