SHANTI DEVI Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) In this criminal leave to appeal filed under Section 378 (4) Cr.P.C. by complainant/appellant-Smt. Shanti Devi, the judgment dated 21.08.2017 passed by learned counsel for the earned Additional Sessions Judge, Pali, in Session Case No. 85/2017 (65/2015) is under challenge, whereby the learned trial court acquitted the accused respondents No. 2 and 3 from the offence under Sections 302, 457, 397, 460 & 411 of IPC.

(2.) Succinctly stated, the facts of the case are that the F.I.R. (Ex.P/1) was registered on 07.02.2015 on the basis of information furnished by complainant Smt. Shanti Devi (PW.1) alleging, inter alia, that she and her other siblings reside out of station while her mother, namely, Smt. Pepi, used to reside alone at their village. On the even date, at about 09.00 AM in the morning, she made a couple of calls to her mother on her mobile phone, however, the same were not responded. Therefore, she came to her village and on reaching her home, she found that Dhalki, Mohini and Shrawan Das were present there, they informed that her mother was not responding and thereafter, on entering her house, she and other people found her mother dead and there was visible marks of injury on her neck and blood was on her face. The complainant suspected that some unknown persons have illegally entered in her house and committed murder of her mother.

(3.) On this, the F.I.R. No. 16/2015 was registered at Police Station Sadar, Pali under Section 460 of IPC and investigation was commenced.