JAGDISH PURI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE State of Rajasthan has filed leave to appeal against the judgment of acquittal dated 10/7/2008 passed by Additional Sessions Judge (Fast Track), Sikar in sessions Case No. 19/2006 whereby accused respondent rupapuri has been acquitted from the offence under sections 302 and 201 IPC and rest of the accused have been acquitted from the offence under section 201 IPC. The complainant jagdish has also filed a criminal revision petition against the said judgment of acquittal. Since these two matters arise out of one and the same judgment passed by the court below, therefore they have been heard together and are being disposed of by this common order.

(2.) BRIEF facts of the case are that FIR came to be lodged on 2/9/2005 on the written report of PW1 Jagdish to the effect that his uncle Kesharpuri came to their house on 18/8/2005 and took his father Bhurapuri along with him to his house for settling the dispute amongst his sons regarding land and thereafter about one hour all of a sudden a noise of hue and cry was heard and when his brother Heerapuri and other family members reached at the well, they saw that Rupapuri was sitting in the well comfortably, he was taken out from the well, at this time Heerapuri saw his father Bhurapuri lying down in between the coats at a distance of about 50 ft. from the well and on asking, his uncle said that due to head-ache bhurapuri fell down, thereafter both Rupapuri and Bhurapuri were taken to the hospital where doctors declared Bhurapuri dead, thereafter Bhurapuri was buried in the grave yard treating his as natural death. Lateron it came to their notice that Bhurapuri has been murdered by Kesharpuri, Khyalipuri, banshipuri, Rukma Devi, Sita Devi and Geeta Devi in a conspiracy.

(3.) AFTER investigation police filed the chargesheet. The trial court framed the charges for the offence under sections 302 and 201 IPC against accused respondent rupapuri and remaining accused respondents were charged for the offence under section 201 IPC. The trial court recorded the statements of prosecution witnesses. The statements of accused respondents under section 313 of the code of Criminal Procedure were also recorded and after hearing the parties acquitted the accused respondents from all the charges. Hence, leave to appeal has been filed by the state and criminal revision by the complainant Jagdish.