RAM LAL Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) - This revision petition has been preferred by the complainant Ram Lal to challenge the judgment of the acquittal of respondent Balu Gurjar dated 10.1.2008 by which the learned Addl.Sessions Judge No.2, Chittorgarh camp Begun, in Sessions Case No.44/06, acquitted respondent-accused for committing offence punishable under Sections 302 and 201, IPC.

(2.) As per the prosecution, a written report Ex.P.1 was submitted by the complainant-petitioner in the Police Station, Bhaisroadgarh on 4.2.2006 that since 1.2.2006 complainant's son Pukh Raj was not found after he went with cattle to the forest for grazing. From 1.2.2006 to 4.2.2006, the complainant with other relatives and villagers tried to search his son Pukh Raj and ultimately, on 4.2.2006 in the evening, he along with his family members Tulsi Ram, Ratan Lal, Bheru Lal, Kalu, Laxman Singh etc. found Pukh Raj lying dead in the forest near the wall of Bandar Bhuta Pedok. Pukh Raj had several injuries on his body and blood was oozing out from the mouth and nose. Near the body of deceased Pukh Raj, one kulhari was found lying. Near the body, pair of chappal was also found. In this written report, the complainant stated that one Narayan informed that respondent-Balu killed the victim Pukh Raj by strangulation and he gave beating to the victim Pukh Raj by Kulhari. Narayan stated that he tried to intervene but the accused-Balu did not stop and gave threat to Narayan also that he may kill Narayan also. Because of this fear, he did not tell this fact to any body. Before this incident, accused Balu quarreled with Pukh Raj with filthy language and respondent-Balu was saying that Pukh Raj gave beating to him in the period of Navratri. On this report, FIR No.12/2006 for offence punishable under Sections 302 and 201, Penal Code was registered.

(3.) It will be worthwhile to mention here that for this very incident, a report was submitted on 3.2.2006 by one Bheru Lal at 2.15 a.m., upon which FIR No.5/2006 under Sec. 174, Crimial P.C. was registered. Before FIR No.12/2006 dated 4.2.2006 was lodged, the investigation already started in FIR No.5/2006 dated 3.2.2006 and sample soil and blood stained soil and clothes of the deceased Pukh Raj were also seized and even deceased Pukh Raj's post-mortem was also conducted on 3.2.2006.