GARG, J. - (1.) THIS appeal has been filed by the State of Rajasthan against the judgment and order dated 9. 9. 87 passed by the Learned Additional Sessions Judge, Bikaner in Sessions Case No. 39/85 by which he acquitted the accused respondents for offence under Sec. 306 I. P. C.
(2.) THIS appeal arises in the following circumstances: i) On 2. 8. 83 P. W. 3 Rameshwar lodged a written report Ex. P/5 before DIG, Bikaner stating that her sister Pana wife of accused appellant Jora Ram (hereinafter referred to the deceased) was married with the accused appellant Jora Ram near about 5 to 6 years back and since she did not deliver any child during wedlock of that marriage and she was not beautiful, therefore, the accused respondents used to torture her and beat her. It was further stated that he went to her in-laws place Jadeli where such type of things were told to him by her sister (deceased) and she also told to him that they would kill her. Upon this he made them understand. Thereafter he took the deceased to his village Mundsar and kept there for 5 to 6 months. Thereafter father of the accused Jora Ram and his brother and some other persons came to his village Mundsar and requested that the deceased be sent with them and they would not beat her again. He agreed to send her back to her in-laws house and she was sent back accordingly. After passing of over one week, he was informed that the accused respondents had murdered the deceased by throwing her into a small well and this incident was reported to him within seven days of the happening of incident. ii) The report Ex. P/5 was sent to the Police Station, Nokha, District Bikaner for registering a case under Sec. 306 I. P. C. through letter Ex. P/14 and thereafter regular FIR was chalked out on 9. 8. 83 and same is Ex. P/8 and police started investigation. It may be stated here that before the report Ex. P/5, accused respondent Jora Ram gave information about death of the deceased to the Police Station, Nokha on the same day i. e. on 22. 4. 82 and the same is Ex. P/10 and upon that information Marg FIR No. 5/82 under Sec. 174 Cr. P. C. was registered, and investigation was started. During investigation, Panchnama of deadbody of the deceased was got prepared and the same is Ex. P/11 and dead body of the deceased was handed over to the accused appellant through fard Ex. P/13 and the post mortem report of the deceased was also got conducted on 22. 4. 82 and the same is Ex. P/6 which shows that the cause of death of the deceased was asphyxia due to drowning. On report Ex. P/5 as stated above, FIR Ex. P/8 was chalked out and thereafter police submitted challan against the accused respondents for offence u/sec. 306 I. P. C. On 15. 11. 85, the trial Judge framed charge for offence under Sec. 306 I. P. C. against accused respondents who pleaded not guilty and claimed trial.
(3.) DURING trial, as many as 8 witnesses have been produced on behalf of the prosecution and statements of accused respondents were recorded under Sec. 313 Cr. P. C. and no evidence was led in defence. After conclusion of the trial, the learned trial Judge acquitted the accused respondents for offence under Sec. 306 I. P. C. through his judgment and order dated 9. 9. 87 inter alia holding that: i) Since incident took place on 22. 4. 82 and report was lodged of 2. 8. 83, therefore, this delay was found fatal to the prosecution case. NOTE : The learned Additional Sessions Judge treated the delay of 4 months, but looking t the facts of the present case, it appears that the delay was of near about one year and four months as the incident took place on 21. 4. 82 and the report was lodged on 2. 8. 83. ii) P. W. 1 Ladhuram, P. W. 2 Bega Ram and P. W. 5 Karna Ram have been declared hostile and statements of P. W. 3 Rameshwar and P. W. 4 Mala ram who were real brothers of the deceased were not found reliable by the learned Additional Sessions Judge as they were found contradicted to each other and they were not being corroborated by some other evidence. Aggrieved from the said Judgment and order dated 9. 9. 87, the present state appeal has been filed. ;