- (1.) THIS criminal leave to appeal has been filed by the State seeking to assail judgment dated 24.12.2014 passed by Additional Sessions Judge, Camp Court, Bhawani Manedi, District Jhalawar (for short 'the Trial Court'), whereby the respondents -accused have been acquitted from the charges levelled against them for commission of offences punishable under Sections 302 or 302/34 IPC.
(2.) THE facts of the case are that a written report (Exhibit P -8) was submitted by Radhey Shyam (P.W. 2) to S.H.O., Police Station Sunail on 10.05.2012 stating therein that on previous day, i.e., 09.05.2012, at about 9.00 P.M., his father Balaram was standing in his agriculture field. At that time, his father abused Janki Lal Bhanoj stating that he was responsible for sale of lane of his relative (Byae). Prathvi Singh (P.W. 4), son of younger brother of the deceased, upon hearing this, intervened and took his uncle away from there. While Prathvi Singh came back to his house, Balaram did not return and he rather went to the well of Devi Lal, where a party (Goth) was organized by Devi Lal, Janki Lal and other persons, whose names were not known to the informant, Radhey Shyam. His father did not return back to home for the whole night and on following day, i.e., 10.05.2012, his dead body was found lying near the fields of Mohan Ji and Radha Kishan. The deceased had received injuries on his hands, legs and head. The informant expressed doubt that Janki Lal or the persons, who were present in the party, may be responsible for his father's death. On the basis of the aforesaid report, FIR No. 59/2012 (Exhibit P -7) was registered for commission of offence punishable under Section 302 IPC and investigation commenced in the matter. Upon completion of investigation, charge sheet was submitted in the Court of Additional Chief Judicial Magistrate, Bhawani Mandi under Section 302/34 IPC wherefrom the case was committee to the Trial Court for trial. The Trial Court framed charges under Section 302 or 302/34 against the respondents -accused, which they denied and claimed trial. The prosecution, in support of its case, produced 23 witnesses and exhibited several documents. Thereafter, the respondents -accused were examinee under Section 313 Cr.P.C. The respondents -accused denied the allegations levelled against them and pleaded innocence. The learned Trial Court, by impugned judgment dated 24.12.2014 acquitted the respondents -accused of the charges levelled against them. Hence, this leave to appeal has been filed by the State.
(3.) LEARNED Public Prosecutor has argued that the Trial Court has failed to appreciate that Smt. Sugan Bai (P.W. 13), daughter of the deceased, has clearly stated in her statement that on previous day, Shambhu Lal came to their house at about 7.00 P.M. and her father accompanied him. Shambhu Lal has reason to murder her father because her father had lodged FIR against him for committing rape upon Ajwanti Bai (P.W. 21), in which case he was convicted and had to remain in jail. Ajwanti Bai (P.W. 21), in her statement, has also expressed doubt against Shambhu Lal for causing death of Balaram and stated that about 15 -20 bears ago, Shambhu Lal had raped her and her father, brother -in -law and Balaram went to police station and lodged report against him.;