STATE OF RAJASTHAN Vs. MANI LAL

JUDGEMENT

(1.) The instant criminal leave to appeal has been filed by the State of Rajasthan under Section 378(iii) and (i) Cr.P.C. against the judgment dated 16 12.2015 passed by learned Sessions Judge, Banswara in Sessions Case No. 71/2013 by which the learned trial court acquitted the respondent from the charges levelled against him for offences under Sections 302, 201 I.P.C.

(2.) As per brief facts of the case, on 13.03.2013, son of deceased Smt. Poni namely Suresh (PW-1) filed a written report before the SHO PS Sadar alleging therein that on 12.04.2013 at about 8:00 pm, he and his brother Subhash and sister Reena went out of his house to attend marriage ceremony. In the night at about 11:00 pm, when they returned back at home, they saw that their mother Smt. (deceased) and father Manilal were sleeping, therefore, they slept outside the house. In the morning, at about 4:00 am, his younger sister Reena got up and found that his mother Smt. Poni was not available on cot. On searching the nearby area, his mother was not traced out but in the morning, Meera W/o Nagji told him that when she was going to field for taking Kapas, she saw the dead body of Smt. Poni. Upon receiving such information, they reached at the field where dead body of the mother of the complainant was lying and number of injuries were found upon the dead body so also blood was also coming out from the injuries.

(3.) Upon the aforesaid information, after registration of the FIR, on the basis of circumstantial evidence, a charge sheet was filed against the respondent husband for the offences under Section 302 and 201 IPC in the Court of Addl. Chief Judicial Magistrate, Banswara from where the case was comitted to the Sessions Court, Banswara. The Sessions Judge, Banswara after hearing arguments framed charges against the respondent husband on 17.09.2013, for committing offences under Section 302 and 201 IPC, but the respondent denied the charges and prayed for trial.