G.K.SHARMA, J. -
(1.)SEWAK Ram and Smt. Janki Devi alias Rukmanidevi were tried for the offences under Sections 302/108 d 120B 1, IPC by the Additional Sessions Judge No 2, Jaipur City, Jaipur for committing the murder of one Pratap, so : of Mulkbiram thusband of accused Jankidevi), in pursuance of the conspiracy in between the two accused persons by administering poison to Pratap, who held that the Prosecution has failed to establish its case against the accused persons and acquitted both the accused persons of all the charges levelled against them.
(2.)THE State of Rajasthan has preferred this appeal against the said judgment of acquittal.
Succinctly narrated, the facts of the case are, that on 1st August, 1972, Laxminarain. a compounder in the S VIS Hospital, Jaipur, telephonically informed the in -charge of Police Station Manak Chowk that Pratap Chsnd, son of Mulkhiram had been brought to hospital and had been admitted in an unconscious state. He also informed that it was suspected that it was a case of poisoning. On receipt of this telephonic message, Rimbahadur, AS Police Station Manak Chowk, proceeded to SMS Hospital. But, when he reached the hospital, he found that Pratap Chand had breathed his last at about 7.30 PM. There, the ASl prepared a Panch -nama of the dead body of Pratap Chand, and requested for post -mortem examination and then submitted its report. The post -mortem report, nowever, did not reveal the cause of the death Therefore, the viscera of tie deceased was referred to the chemical examiner for further examination. In the report, it was found that the death of Pratap Chand, was lue to 'barbeturates' poison.
(3.)ON 20th August, 1972, Mulkhiram, the father of deceased Pratap Chand, filed an application before the Inspector General of Police, Rajasthan, Jaipur, suspecting both the accused persons to have compelled Pratap Chand to commit suicide, as he had discovered a letter written by Pratap Chand which had indicated that the two ace used were indulged in nefarious activities, which was disliked by the deceased. When the things went out of his control, Pratap Chand had become despente and frustrated. He had no other choice, but to finish his own life. So, on receipt of this application of MaikLirani, the Inspector General of Police, marked it to the Superintendent of Police, Jaipur, for taking legal action. The matter was being investigated. Rambdhadur, ASI, investigated into the case till October, 1972. Later on, the investigation of this case, was given to CID: and Ghanshyamlal, Inspector, CID, was entrusted to investigate into the case, in June, 1973. Prior to this, Rambahadur, ASI had recovered some letters from the office of accused Sewakiam, which are said to have been written by the two accused persons, to each other. He also recovered four original documents executed by Pratap Chand in favour of accused Sewak Ram, from the office of Sewak Ram accused.