RAM LAXMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal leave to appeal has been filed by the complainant appellant against the impugned judgment dated 14.09.02017 passed by the learned Sessions Judge, Sawai Madhopur ['the learned trial court' for short] in Sessions Case No. 82 of 2014, whereby the accused respondents have been acquitted of the charges framed against them under Sections 148, 302 read with sections 149 and 120B IPC.

(2.) The brief facts of the case are that on 16.06.2008 complainant Ram Laxman s/o Nathu Lal by caste Dhakad, r/o Kishanpura Kaithoon, Police Station Kaithoon, District Kota submitted a complaint under section 190 Cr.P.C., 1973 in the Court of learned Civil Judge (Jr. Division) and Judicial Magistrate, Sawai Madhopur, against the accused respondents for the offence under sections 302, 201, 147, 120B, 149, 363 and 366 IPC to this effect that he is resident of Village Kishanpura, Police Station Kaithoon, District Kota. On 18.04.2008 at around 1-1:30 P.M., the accused persons abducted his brother Shivraj and took him in a Maruti Car and his brother was subjected to grievous injuries. The accused inflicted grievous injuries on the head of Shivraj which broke his skull and committed murder. The accused persons ran away putting the dead body of Shivraj at the distance of 2-3 km. from Village Borda, Police Station Chauth Ka Barwada. On seeing the dead body of his brother Shivraj at Police Station Chauth Ka Barwada, he found grievous injuries on head and skull was broken. Earlier on 16.07.2006 at 1:15 P.M. the accused persons inflicted multiple cut injuries to his brother Naresh by sword and 'gandasies'. Thus, there was old enmity in between the complainant and the accused persons. The complainant mentioned that on 08.05.2008 the accused persons threatened him saying that they have committed murder of his brother Shivraj and now it is his turn and if he any report of this incident is made, he would also be killed. On 21.04.2008 autopsy on the dead body of Shivraj was conducted. The complainant mentioned that he had submitted the report but till date no FIR was registered and only proceeding under section 174 Cr.P.C., 1973 has been initiated.

(3.) The learned Civil Judge (Jr. Division) and Judicial Magistrate, Sawai Madhopur, sent the aforesaid complaint under section 156(3) Cr.P.C , 1973to the Police Station Chauth Ka Barwada, on the basis of which an FIR No.149/2008 (Ex.P2) was registered for the offence under sections 147, 149, 302, 201, 120B and 365 IPC. The police after investigation submitted final / negative report on 22.11.2010. The complainant appellant aggrieved with the filing of the final /negative report by the police, submitted a protest petition before the Court concerned on 07.02.2011. Statements of complainant and witnesses were recorded under sections 200 and 202 Cr.P.C., 1973 Vide order dated 14.06.2012 the learned trial court took cognizance against the accused respondents for the offences under sections 148, 302 and 12B IPC. During the course of trial accused Bunti and Harlal died as a result of which proceedings against them were dropped. The case being triable by the Court of Session, was committed to the learned trial court.