GOVERDHAN BARDHAR,J. - (1.) The instant criminal leave to appeal has been filed by the State of Rajasthan against the impugned judgment dated 12.04.2016 passed by the learned Addl. Sessions Judge, No. 2, Kota ('the learned trial court' for short) in Sessions Case No. 29 of 2013, whereby the accused respondent has been acquitted of the charges framed against him under Sections 302, 201, 364 and 120B IPC.
(2.) The brief facts of the prosecution case are that on 18.06.2012 complainant Ravindra Nagar s/o Gopi Ballabh submitted a complaint under section 190 Cr.P.C , 1973in the Court of learned Addl. Civil Judge (Jr. Division) and Judicial Magistrate No. 1, South Kota against Virendra Khati (accused respondent) and Co-accused Deepak Khati for the offences under sections 302 and 201 read with section 120B IPC to the effect that accused Virendra Kumar Khati @ Veeru and his father were known to each other and there were business relations between them. The books of accounts of the business were being maintained by his deceased father Gopi Vallabh. From time to time his father used to share and discuss about business activities carried out by them with family members. His father and mother used to carry on business activities in Kota. He also told the fact that despite making demand accused Virendra Nagar has not agreed to pay the due amount to him. Hence, there was personal enmity between them. His father shared and narrated about all this when disputes cropped up between them. On 26.04.2012, accused called his father from his mobile No. 9772044647. But his father Gopi Vallabh was not interested in going. But when he continuously called, his father relented and at last, his father went to the house of accused saying that if anything goes wrong he would make a call. After leaving house, his father did not return back. Thus, he was lastly seen in company of the accused. When he enquired about his father, the accused was unable to give any satisfactory reply. Thus, he lodged a missing report of his father on 7.5.2012 at Police Station Kunhadi.
(3.) The learned court below sent the complaint for investigation under section section 156(3) Cr.P.C , 1973 to the Police Station Kunhadi, District Kota City for registration of the FIR, upon which an FIR No. 384/2012 came to be registered for the offences under sections 302, 201 and 120B IPC. Police after investigation submitted charge-sheet against the accused respondent for the offences under sections 302, 364, 201, 120B and 34 IPC before the learned court below and co-accused Deepak Khati being minor submitted charge-sheet against him for the aforesaid aforesaid offences in the competent court. The case was committed to the Court of Session being triable under section 302 IPC from where the case was committed to the competent court for trial.;