Gopal Krishan Vyas, J. - (1.) THE above cr. leave to appeal and the cr. appeal filed by the State of Rajasthan and the complainant are arising out from the judgment dated 9.7.2014 passed by the learned District & Sessions Judge, Pali in Sessions Case No. 122/2011 by which the learned trial court acquitted the respondent from the charges levelled against him under Section 449, 302 and 392 IPC.
(2.) AS per brief facts of the case on 12.4.2011 at about 10.15 am the complainant PW -1 Manohar Lal submitted a written report in the Industrial Area Police Station, Pali in which it is alleged that in his factory M/s. S. Nitin Engineering Works/Factor situated at G -31 Industrial Area, Pali one Chhoga Ram S/o. Kalu Raika was serving as Chowkidar. Sh. Chhoga Ram came on duty in the night of 11.4.2011 at about 8.00 pm and other labours went out from factory premises after completion of work time, but Chhoga Ram remained there. The complainant stated that today in the morning at about 8.15 am his employee Vikarm Singh informed him on telephone that Chhoga Ram has received injuries and his body is lying in an open place of the factory premises and, therefore, come there. Upon said information, the complainant went in the factory premises and saw that dead body of Chhoga Ram lying there. The complainant immediately called the police and made allegation that some unknown person has caused injuries by stone to Chhoa Ram and due to those injuries he died. Upon aforesaid allegation, the complainant prayed that investigation may be conducted and action may be taken against the culprits. Upon aforesaid information, FIR No. 69/2011 was registered under Section 302 IPC and after usual investigation, the charge -sheet was filed against the respondent after his arrest upon circumstantial evidence under Section 449, 302 and 292 IPC. The challan was filed in the court of Judicial Magistrate No. 2, Pali and thereafter, the case was transferred to the court of Sessions Judge, Pali where trial was commenced.
(3.) IN the trial, the charges were framed against the respondent for offence under Section 302, 392 and 449 IPC and after framing charges, the statements of 23 prosecution witnesses were recorded and, thereafter, the statement of respondent Ghewar Ram was recorded under Section 323 Cr.P.C. in which he said that no offence is committed by him. He has been implicated falsely.;