STATE OF RAJASTHAN Vs. SATYA NARAIN

JUDGEMENT

(1.) Shankar Lal (P.W.1) on 15.4.1991 presented written report (Exhibit-P/5) before Head Constable Narendra Yadav (P.W.14), on the basis of which a formal FIR (Exhibit-P/6) bearing No. 18/1991 was registered at Police Station Nagar Fort, for the offences under Sections 307 and 452/34 IPC. Subsequently, due to death of Kajod son of Shankar Lal (P.W.1), offence under Section 302 IPC was added.

(2.) In written report (Exhibit-P/5), Shankar Lal (P.W.1) nominated Jagdish son of Madho Nai and his younger brother Satyanarayan as accused. Jagdish and Satyanarayan both were tried by the court of Sessions Judge, Tonk in Sessions Case No. 46/1991. The trial court on 26.6.1992, acquitted Satyanarayan of offences under Section 458 and 302 IPC. Jagdish was also acquitted of offence under Section 458 but he was convicted for the offence under Section 302 IPC for having caused death of Kajod son of Shankar Lal (P.W.1). The trial Judge vide a separate order of even date sentenced Jagdish as under:-

(3.) Aggrieved against his conviction and sentence, Jagdish preferred D.B. Cr. Appeal No. 244/1992. State of Rajasthan also challenged the acquittal of Satyanarayan by filing an application for leave to appeal. A Division Bench of this Court on 17.2.1993 granted leave to appeal and hence, D.B. Cr. Appeal No. 72/1993 was registered as appeal against acquittal against Satyanarayan. Both the appeals have been ordered to be heard together.