G.K.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. seeking leave to file appeal against the judgment dated 25th of October, 2016 passed by learned Sessions Judge, Jalore, in Session Case No. 3/2012, whereby the learned trial court acquitted the respondent from the charge levelled against him for offence under Section 302 of IPC.
(2.) Succinctly stated, the facts of the case are that on 21.05.2008 complainant-Raju Singh (PW.4) at 10.00 AM submitted a written report (Ex.P/7) at Police Station-Jalore for the incident occurred in the Open Air Camp, Keshvana, Jalore. It was stated in the written complaint that while he was on his duty, at about 05.00 AM he was informed by Rajendra that one prisoner Lakharam was crying while sitting on his cot and blood was oozing out from his head. Thereafter, prisoner was immediately taken to hospital in vehicle jeep along with driver Ishwar Singh and manager Manaram, where during treatment Lakha Ram died. In the complaint is further stated that other prisoner Swaroopa Ram @ Patta who was residing with him in Open Air Camp was also found missing. Upon the aforesaid complaint, F.I.R. No. 142/2008 was registered at Police Station-Jalore for offence under Sections 303 and 224 of IPC and respondent-Swaroopa @ Patta was arrested vide Ex.P/9.
(3.) After investigation charge sheet against the respondent was filed under Sections 303 and 224 IPC in the court of Addl. Chief Judicial Magistrate, Jalore, from where the case was committed to Sessions Court for trial. The learned Sessions Judge after providing opportunity of hearing to the parties framed charge under Sections 302 and 224 IPC against the respondent and trial was commenced. However, during trial, an application was moved under Section 216 Cr.P.C., 1973 for amending the charge, the learned trial court amended the charge on 07.10.2015 for offence under Sections 302 and 224 of IPC.;