GOVERDHAN BARDHAR,J. - (1.) The instant criminal leave to appeal has been filed by the complainant appellant against the impugned judgment dated 07.11.2015 passed by the learned Addl. Sessions Judge, Tonk (Raj.) ['the learned trial court' for short] in Sessions Case No. 48 of 2013, whereby the accused respondents have been acquitted of the charges framed against them under Sections 302, 302 read with sections 34 and 201 IPC.
(2.) The brief facts of the case are that on 10.04.2013 complainant Mustak Ali (PW3) s/o Babudeen, by caste Musalman, r/o Raj Ki Haveli, Makbara Bajar, Kota submitted a written report (Ex.P4) to the SHO Police Station Duni, District Tonk (Raj.) to the effect that his son Abdul Kayyum works at the workshop of Ghanshyam as a mechanic of J.C.B Machine. On 04.04.2013 at about 4:00 P.M Abdul Kayyum went in a jeep of Karan Singh from Kota to Hindauli for installing the hydrolick pump and from there at about 1:00 A.M in the night he went in another jeep at Anwa to do the machine work at the Crusher of Gangwal Ji along-with one mechanic, his name is Avesh Khan, who was resident of Islam Nagar, Kota. Avesh and Muneem of the Crusher informed complainant on phone that in the night at about 8:00 P.M Abdul Kayyum after taking dinner, changed his clothes and told that he was going out to bring Vimal Guthka. This incident taken place at 8:00 P.M. on Friday (05.04.2013). Thereafter, Kayyum did not return. Upon this they came from Kota to Anwa and reached at Anwa at 1:00 P.M. They took the Muneem from Crusher along-with and reached at Anwa Chowki, then with the help of A.S.I. conducted search of Abdul Kayyum. They were searching Abdul Kayyum from 06.04.2013 (Saturday) but did not get any clue about Abdul Kayyum. Today on 10.04.2013 at 8:00 A.M somebody informed on phone that the dead body of Abdul Kayyum is lying in step-well (Bawdi) of Anwa. Upon this they made a call to the S.H.O., then they came to know that they were asked to come Anwa to identify the dead body. Then they went from Kota to Duni Police Station and found that the dead body was of Abdum Kayyum and on examination of dead body it seems that someone after committing murder of Abdul Kayyum thrown his dead body in the step-well (Bawdi). Thus, the matter may be enquired and accused persons be punished strictly.
(3.) On the basis of aforesaid written report, an FIR No. 75/2013 was registered for the offences under sections 302 and 201 IPC. Police after investigation submitted charge-sheet against the accused respondents for the offences under sections 302, 201 and 34 IPC before the learned Addl. Judicial Magistrate, Deoli. 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.;