Gopal Krishan Vyas, J. - (1.) THE instant cr. leave to appeal has been filed by the State of Rajasthan under Section 378(III) and (I) of the Cr.P.C. against the judgment dated 3.10.2013 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Hanumangarh in Original Cr. Case No. 203/2012 whereby the respondents was acquitted from the charge of offences under Section 302/34 IPC and under Section 3(2) (v) of the SC/ST (Prevention of Atrocities) Act, 1989 and further acquitted the respondent No. 2 Raju @ Rajiya @ Shishpal for the charge under Section 3/25 of the Arms Act also.
(2.) AS per brief facts of the case, the complainant Kangu Singh S/o Vachan Singh, resident of 29D Gharsana submitted a written report before the SHO, Police Station, Tibbi on 2.9.2010 at about 10.00 a.m. to the effect that he took agricultural land of 5 acres and 7 acres on contract for cultivation situated at Kariwala Rohi Bahipa village respectively from Pal Singh and Rajiram. It is stated that on the land of Pal Singh, his son Satpal his children and Kaka Singh were residing. It is further alleged in the FIR that today in the morning at 5.00 pm his relative informed on phone that dead body of Satpal is lying near Tibbi Road. Upon such information an inquiry was made by him from Kaka Singh then he told that Yesterday at about 3.30 p.m. Bagh Ali S/o Ballu Khan gave a Phone call to Satpal and asked him to come Tibbi and upon calling he and Satpal went on motorcycle to Tibbi but before 5 kms from Tibbi again phone call of Bhagh Ali was received by Satpal in which he said that you stay on spot, we are coming there. At about 5.00 pm one white maruti car came from the side of village Tibbi and stopped near them at that time in the said vehicle Bhagh Ali, Mangal Singh and Rafiq so also one more person were sitting. They asked Satpal to sit in the car and after taking him in the car, they asked Kaka Singh that you may go back to Dhani and upon asking he came back on motor cycle to the Dhani. As per the allegation in the FIR from last 3 -4 days Satpal was receiving phone call from Bhagh Ali and other person. Upon receiving above information about Satpal, Kaka Singh and his relative Surjeet and Sarpanch Gurnayab Singh and Sarpanch Kashmir Singh went to the Police Station, Tibbi from where they got information that dead body of Satpal is lying in mortuary of the hospital. The aforesaid person went to the hospital and saw the body of Satpal. Meaning thereby, as per allegation of complainant Bhagh Ali, Mangal Singh and Rafiq, so also, one more person killed his son Satpal.
(3.) THE SHO, Police Station, Tibbi registered an FIR No. 302/2010 under Section 302/34 read with Section 3(2) (v) of the SC/ST (Prevention of Atrocities) Act, 1989 and commenced investigation. After completing investigation, the SHO, Police Station, Tibbi filed challan against respondent Vinod Kumar and Raju @ Rajiya @ Shishpal under Section 302/34 IPC and under Section 3(2) (v) of the SC/ST (Prevention of Atrocities) Act, 1989 in the court of Civil Judge (Jr.Div.) -cum -Judicial Magistrate, Tibbi from where the case was committed to the court of Special Judge, SC/ST (Prevention of Atrocities) Cases, Hanumangarh and the said court after framing charge against the respondents for offence under Section 302/34 IPC and under Section under Section 3(2) (v) of the SC/ST (Prevention of Atrocities) Act, 1989 commenced the trial.;