- (1.) THE instant cr. appeal has been filed by the State of Rajasthan under Section 378(3) and (1) of the Cr.P.C. against the judgment dated 29.3.1993 passed by the learned District & Sessions Judge, Jodhpur whereby the learned trial court acquitted respondents accused from the charge levelled against them under Section 302 and 201 IPC.
(2.) BEFORE proceeding further, it is worthwhile to mention here that initially the cr. leave to appeal was filed by the State of Rajasthan against 8 respondents who were acquitted by the learned trial court, but the leave was granted by the Division Bench only against respondent No. 1 Ramjan Khan and respondent No. 2 Smt. Nashiba vide order dated 29.10.1993, therefore, this appeal is only against two respondents Ramjan Khan and Nasiba. As per brief facts of the case PW -1 Noor Khan appeared before the SHO, Police Station, Phalodi and submitted a written complaint (Ex. P/1) alleging therein that accused Ramjan Khan got married with Amiyat Khatoon D/o. Kachhu Khan, but Ramjan Khan was having illicit relations with Smt. Nashiba therefore, on 10.5.1992 at about 11.00 pm in the night both the respondents murdered Smt. Amiyat Khatoon by throttling in the resident situated at Kali Beri area, Jodhpur. In the FIR, it was stated by the complainant Noor Khan (PW -1) that the aforesaid information was given by Nek Mohd. and Samsuddin and further they informed that if they would not intervene the body of your sister was to be cremated by the respondents, upon receiving above information the complainant went to the Police Station, Jamba for registration of the FIR, but after waiting whole of the night for SHO, the complainant went at Police Station, Phalodi but it is informed that incident took place within the jurisdiction of Police Station, Soorsagar, Jodhpur, therefore, FIR cannot be was not registered at Police Station, Phalodi but the said complaint (Ex. P/12) submitted by the complainant was forwarded alongwith original complaint (Ex. P. 1) vide forwarding letter Ex. P/12A through Assistant Police Inspector Chandra Singh. The SHO, Police Station, Soorsagar registered the FIR No. 76/1992 at 3.15 pm on 12.5.1992 under Section 302 and 201 IPC against both the respondents and other persons.
(3.) IN the investigation, first of all, the Panchnama was of the body lying outside the Police Station in the truck No. RNJ 9162 (Ex. P/2) was prepared by the SHO, Police Station, Soorsagar in front of two witnesses Aamdeen and Samsuddin. Thereafter, the site plan (Ex. P/3) where alleged occurrence took place was prepared in the presence of two witnesses Mohd. Hanif and Sher Khan on 12.5.1992. The body of deceased Amiyat Khatoon was taken to the hospital for post mortem where post mortem was conducted by the medical board at 6.40 pm on 12.5.1992 and post mortem report (Ex. P/11) was given by PW -12 Dr. K.C. Choudhary, Chairman of the Board in which in all 8 injuries were found, out of which 7 injuries were of simple bruises and abrasions were found upon the body and injury No. 8 was found upon the abdomen of the deceased. As per opinion of the doctor the cause of death was shock and internal hemorrhage due to traumatic rapture of spleen (ante mortem in nature). After post mortem the body was handed over to the father of the deceased Kachhu Khan for cremation vide Ex. P/8.;