Vijay Bishnoi, J. - (1.) THIS criminal appeal is directed against the judgment dated 31.08.1996 passed by Additional Sessions Judge No. 1, Udaipur (hereinafter referred to as 'the trial court') in Sessions Case No. 39/95, whereby the trial court has acquitted the accused respondent for the offence punishable under Section 302 IPC.
(2.) BRIEF facts of the case are that on the basis of oral information, written as Ex. P/25, given by PW -20 Keshu Lal S/o Lalaji, the Police Station, Sayara, District Udaipur registered the FIR No. 41/1995 (Ex. P/22) on 22.05.1995 at about 12:30 PM against the accused respondent for the offence punishable under Section 302 IPC. In the above mentioned FIR, the PW -20 Keshu Lal has stated that he is studying in fourth standard and his age is about 13 -14 years. He has further stated that in the preceding night when he and his mother viz. Mohani Bai W/o Lalaji were sleeping on the cot in the compound of their house after taking meals, at that time, Puna Garasiya came to their house at about 12:00 - 01:00 AM and asked for a new pitcher, then his mother said that no new pitcher is available, therefore, Puna took away old pitcher. It is stated by PW -20 Keshu Lal that when Puna was going out from their house, accused respondent Daloo Ram came there and asked Puna why he came in the night and asked him to go away, otherwise, he would beat him, thereafter the accused respondent Daloo Ram, armed with a stick, abused his mother and started assaulting her, when she raised cries, due to fear he ran away from his house and hid himself. After some time he went to the house of his brother Tulsa Ram and informed him that accused respondent Daloo Ram is assaulting their mother. He has further stated that Tulsa Ram told him that we should stay here for some time otherwise accused respondent Daloo Ram would also beat them. After some time, they reached their house and saw the accused respondent Daloo Ram assaulting their mother and upon seeing them he ran away from there. They saw that Puna Garasiya was also standing there with Daloo Ram. It is further stated by PW -20 Keshu Lal that they found their mother Mohani Bai shrieking, thereafter, he and his brother Tulsa Ram got their mother slept in the room and went to Tulsa Ram's house and in the next morning, when he returned to his house, he found his mother dead. When he was going to inform his brother Tulsa Ram, he met him in the way, to whom PW -20 Keshu Lal told that their mother has died, then Tulsa Ram also came to his house and many other persons had assembled there and asked them to report the matter to the police.
(3.) THE accused respondent was arrested by the police on 30.05.1995 and after concluding the investigation, the police had filed charge -sheet against the accused respondent for the offence punishable under Section 302 IPC. The matter was committed to the trial court and during the trial, the prosecution got examined as many as 20 witnesses and also exhibited several documents. The statement of the accused respondent was recorded under Section 313 Cr.P.C., however, no person was examined as witness in defence.;