STATE OF RAJASTHAN Vs. SHYAMA @ SHYAM SINGH RAJPUT

JUDGEMENT

(1.) The instant criminal leave to appeal has been filed by the State of Rajasthan against the impugned judgment dated 13.05.2015 passed by the Court of learned Addl. Sessions Judge, Jhalawar, District Jhalawar in Sessions Case No. 37 of 2013, whereby the accused respondent has been acquitted of the charges framed against him under Sections 148, 452, 302/149 and 120B IPC and section 4/25 of the Arms Act.

(2.) Learned Public Prosecutor has also filed an application under section 5 of the Limitation Act for condonation of delay in filing criminal leave to appeal. For the reasons mentioned in the aforesaid application, same is allowed and the delay of 47 days in filing criminal leave to appeal is condoned.

(3.) The factual matrix of the case is that complainant Girraj s/o Purshottam (PW8), by caste Sen Nai, r/o Nalla Mohalla, Jhalawar submitted a written report ( E.P4) at 12:10 P.M on 19.03.1998 at S.R.G Hospital, Jhalwar to the SHO Police Station Kotwali, Jhalawar, to the effect that today at about 11:30 A.M when he was standing outside his shop (Sapna Hair Dresser) and his brother Chandra Prakash @ Chandu s/o Purshottam Ji Sen was sitting at the shop of Ghanshyam Ji Sharma. In the meanwhile four persons came from Ghantaghar. Out of these persons Bhanu was having country made pistol (desi katta), Rajendra Jhala was having 'rifle' and Shyama and Dhanji were having country made pistol (Katta) in their hands and then opened fire at his brother and assaulted at the head of his brother with a sword. Upon hearing sound of fire, Rajendra Kumar Joshi came rushing from a nearby betel shop and from the gate side of temple Sudharshan Prem and Bhanwar Singh (Lala) also came rushing to the spot. Thereafter accused persons ran away from motor-cycles. His brother was taken to the hospital by these four persons but on way to hospital his brother died.