R.S. Chauhan, J. - (1.) AGGRIEVED by the judgment dated 1.3.2013, passed by Sessions Judge, Kota, whereby the learned Judge has acquitted the accused -respondent, Prabhu Singh Rawat @ Gokul of offence under Section 302 IPC, the State of Rajasthan has filed this criminal leave to appeal.
(2.) BY order dated 5.5.2014 while granting the leave this court had issued notice to the respondent. According to the order dated 7.1.2015 the Sub Inspector, Police Station Gumanpura, Kota, Mr. Hansraj had appeared before this court and informed this court that Prabhu Singh Rawat @ Gokul, the accused -respondent, no longer resides at the address given in the cause title. However, he sought three weeks time to locate the accused -respondent. The time so prayed for was granted. According to the order -sheet dated 4.2.2015, Mr. Rajesh Malik, the S.H.O. Police Station Gumanpura, Kota, appeared before this court. He informed this court that after his acquittal in the year 2013 the accused -respondent, Prabhu Singh Rawat @ Gokul has visited his sister only once. And his family members are unaware about his whereabouts. Therefore, it will be extremely difficult, if not impossible, to locate the accused -respondent. However, no fruitful purpose would be served even if the accused -respondent were discovered. Briefly the facts of the case are that on 9.5.2011 the S.H.O. Police Station Gumanpura, Kota, Bhagat Singh (P.W.14) received a telephonic call informing him that in Bal Udyan Park, Opposite the New Modern School, situated at Ballab Bari, there is a foul smell emanating from a tapri (ramshackle). Under the tapri one can see the feet of a man, or a woman sticking out from under a blanket. On receiving this information, Bhagat Singh (P.W.14) went to the park. There he opened the doors of the tapri and having removed the blanket discovered a dead body of a woman. The woman had been strangulated, and had been injured on the head as there was a ligature mark on the neck, and injuries on her head. There was also blood spilled at the scene of the crime. The body had started putrefying as it was two to three days old, and there was foul smell. When the police inquired from the people near about the place, one Rajendra Sharma and Pappu @ Bawari Lal Bairwa informed the police that the dead body is that of the wife of Prabhu Meena (Rawat), the accused -respondent before this court. These persons also informed the police that Prabhu Meena had constructed a make shift ramshackle (tapri) in the park itself, and was living with his wife and two children. According to them, Prabhu Singh Meena used to assault his wife after consuming liquor. Moreover, he and his children were missing for the last two days. The police also recovered a photograph of Prabhu Meena and his wife lying in the tapri. Therefore, the police concluded that having strangulated his wife, Prabhu Meena must have absconded with his children.
(3.) ON the basis of this investigation, the police chalked out a formal FIR, namely FIR No. 285/2011 and continued the investigation. Eventually, on 16.6.2011 the police arrested Prabhu Singh Rawat from village Halerh, District Bhilwara. Subsequently, the police submitted a charge -sheet against the accused before the Addl. Chief Judl. Magistrate No. 5, Kota, and committed the case to the Sessions Court. In order to support its case the prosecution examined fourteen witnesses, and submitted twenty -three documents. The defence neither examined any witness nor submitted any document.;