STATE OF RAJASTHAN Vs. SONA

JUDGEMENT

(1.) This is an appeal filed by the State against the judgment of the trial court, whereby is acquitted all the accused respondents, Sona, and Lukka alias Lokman and Ramsingh whose name has been deleted vide order dated 2.8.82 from the array of the respondents, because according to the Public Prosecutor appeared on that day he has expired on account of an encounter with the police. The charges were framed against the accused for the offences under sections 365, 347, 148, 307, & 307/149, I.P.C.

(2.) Since no one has appeared on behalf of the accused- Respondent, Sona &. Lukka, I have appointed Miss Rajesh Kandwal as Amicus curiae. I have heard the learned counsel for the parties and perused the relevant record referred to before me.

(3.) The principal question in. controversy is whether the respondent-accused were present in the encounter and where they have kidnapped boy, Satishchandra. Obviously no name was mentioned in the FIR. even after the recovery of Satishchandra. According to the FIR. Chhabil and Ramvesh saw the accused running and none of them could recognize the dacoits.