STATE OF RAJASTHAN Vs. SWAMI SINGH & ORS

JUDGEMENT

(1.) The present appeal has been filed by the State against the acquittal of the accused-respondents in Sessions Case No. 54/1980, dated 9.11.1981. The accused-respondent Sohan Kanwar was charged for the offence under Sections 302/34 and 201 I.P.C. and accused respondent Kaloo Ram for the offence under Sec. 302/34 I.P.C. and accused respondents Ganpat Singh and Sawai Singh were charged for offence under Sec. 201 I.P.C.

(2.) The prosecution story was initiated on a report lodged by Sawai Singh S/o Sultan Singh, who was serving at Bombay. He was summoned from Bombay on a telegram which did not depict a correct reason, therefore, he arrived at his place late, due to that the incident though related to interior date, the report was lodged on 19.6.1980. It was stated in the report that the offence occurred 1 h month before. At the trial, the prosecution examined nine witnesses. No defence has been produced by the accused-respondents, however, in their statements under Sec. 313 Crimial P.C., they stated that they have been implicated falsely.

(3.) Learned trial Court after considering the case of the prosecution came to the conclusion that the case, as has been set up by the prosecution is not made out.