R.S. Chauhan, J. - (1.) AGGRIEVED by the judgment dated 6.3.2003 passed by the Additional Sessions Judge (Fast Track), Sikar whereby the learned Judge has acquitted the accused -respondent, Ram Chandra, for offence under Section 302 IPC, the State of Rajasthan has approached this court.
(2.) BRIEFLY the facts of the case are that Sardar Singh (P.W. 12) submitted a written report (Ex. P.32) before Tara Chand (P.W. 19), SHO, Police Station Sadar, Sikar wherein he claimed that about twenty -five years ago his sister, Sugani, was married to Ram Chandra. They had two sons, and two daughters. On 30.6.2002, his sister, both his nephews, and both his nieces were killed. He suspected that Ram Chandra, his father, Hanuman, his mother, Mohari Devi, and his sister, Raju had killed these persons. On the basis of this report, a formal FIR, namely FIR No. 160/02 (Ex. P.33) was chalked out for offence under Section 302 IPC and the investigation commenced. During the course of investigation, the police arrested Ram Chandra. The police filed a charge -sheet only against Ram Chandra. It did not file any charge -sheet against the other three persons named in the FIR. In order to prove its case, the prosecution examined nineteen witnesses, and submitted fifty -one documents. Although the defense did not examine any witness, it did submit two documents. After going through the oral and documentary evidence, by judgment dated 6.3.2003, the learned Judge acquitted Ram Chandra for offence under Section 302 IPC, as mentioned above. Hence, this appeal before this court. Mrs. Sonia Shandilya, the learned Public Prosecutor for the State, has vehemently raised the following contentions before this court: firstly, Smt. Kesar (P.W. 16) happens to be Ram Chandra's sister -in -law, and sister of his wife, Sugani. In her testimony she has clearly stated that she saw Ram Chandra going to his house at 10.00 PM. It is only in the morning that five dead bodies were discovered in his house called a Gumti (a structure built next to a well). Thus, there is clear evidence that the accused was present at his Gumti during the night when the alleged murders took place. Therefore, the learned Judge is unjustified in not accepting her testimony.
(3.) SECONDLY , Sardar Singh (P.W. 12), Sugani's brother, has also deposed that his sister and his nephews and nieces were maltreated by the accused. Therefore, the learned Judge should have accepted his testimony on this point.;