- (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 17.05.2016 passed by learned Addl. Sessions Judge, Rajgarh, District Churu in Session Case No. 54/2013, by which the learned trial court acquitted the accused respondent, Pawan Kumar from the charges under Sections 302 and 201 of IPC.
(2.) As per facts of the case, complainant, Sundermal Sub-Inspector, Police Station-Rajgarh, submitted a written report (Ex.P/12) to the effect that in connection with F.I.R. No. 22/2013 he went near Burji No. 226-06-226-7 on railway line and saw a dead body of an unknown lady lying upon the railway track. The head of the dead body was separate from rest of body and lying 5? ahead towards eastern side of railway line. During investigation, there were some signs of dragging on the place of occurrence and aforesaid signs were towards the railway line from the field of one Sanwal Ram. A 'Dupatta' was also found lying there. It is also reported that there were some signs of footprints of three persons and human blood was also scattered at the place where the dead body was lying.
(3.) Upon the aforesaid written report submitted by S.I.-Sundermal, of Police Station Rajgarh, an F.I.R. No. 318/2013 was registered against unknown person for the offence punishable under Sections 302 and 201 of IPC.;