Gopal Krishan Vyas, J. - (1.) THE instant criminal leave to appeal has been filed by the State of Rajasthan under Section 378(iii) and (i) of Cr.P.C. against the judgment dated 18.07.2014 passed by Addl. Sessions Judge Sojat, District Pali in Sessions Case No. 11/2012 whereby the trial Court acquitted the accused respondent from the charges levelled against him under Section 302 I.P.C.
(2.) THE brief facts of the case are that on 3.3.2012 at about 12.05 p.m. complainant Tej Singh PW -21 filed complaint before Vijay Singh, ASI in which it is alleged that before 10 -12 days, his cousin Tulsa Singh (deceased) sold his parental land to Mukut Singh and on yesterday at about 8 p.m., PW -10 Ranveer Singh (owner of JCB), PW -11 Rugha Singh and deceased Tulsa Singh came there on motor cycle and asked that boundary is required to be constructed upon the land. The complainant answered that tomorrow Patwari will be called and after taking measurement by the Patwari, the boundary will be constructed. It is further stated in the written complaint that today on 3.3.2012 at about 8.00 p.m. when he reached at his agricultural field, he saw that Ranveer Singh (owner of JCB) started the work, therefore, again he asked to stop the work and asked where is Tulsa Singh. Ranveer Singh PW -10 left the agricultural field along with his JCB and at about 11 a.m., a telephonic information was received that dead body of Tulsa Singh is lying at Binjaguda, Rayara Kallan. Upon receiving above information, the complainant along with his family members, villagers and Ex Sarpanch Devi Singh, Kalyan Singh, Laxman Singh and his son Raju Singh reached on spot where the body of deceased Tulsa Singh was lying and found that so many injuries were sustained upon the body of his cousin brother Tulsa Singh, therefore, he died. Upon aforesaid report given by PW -21 Tej Singh, the police registered an FIR Ex. 25 under Section 302 I.P.C. against unknown person and commenced the investigation. The FIR was registered by the Police Station Bagdi Nagar at about 1.15 p.m. on 3.3.2012 and thereafter Police went on spot and the body of deceased Tulsa Singh was taken in possession for the purpose of post -mortem in the Hospital. After post -mortem, the body of deceased was handed over to the family members, thereafter, the investigating officer recorded statement of witnesses under Sections 161 Cr.P.C. and on the basis of the evidence of last seen and recovery of stone and the motor cycle upon which the respondent Kalu Singh was last seen were recovered and clothes of deceased Tulsa Singh were also taken in possession vide Ex. 29 and sent for chemical examination to the Forensic Science Laboratory, Jodhpur.
(3.) AFTER completion of investigation, the Investigating Officer of Police Station Bagdi Nagar filed charge -sheet against the respondent in the Court of Judicial Magistrate First Class, Sojat from where the case was committed for trial in the Court of Addl. Sessions Judge, Sojat City, District Pali.;