GOVERDHARN BARDHAR,J. - (1.) The instant criminal leave to appeal has been filed by the State of Rajasthan against the impugned judgment dated 25.02.2012 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Alwar (Raj.) in Sessions Case No. 73 of 10, whereby respondents have been acquitted of the charge framed against them under Sections 364-364 read with section 120B, 302-302 read with 120B, 397 and 201 IPC and respondent-Bhagwat 2 Singh has been acquitted of the charge framed against him under section 3(ii)(v) of the Scheduled Caste/Schedule Tribe (Prevention of Atrocities) Act.
(2.) The factual matrix of the case is that complainant Samunder Singh (PW1) submitted a written report (Ex.D/1) at Police Station Kathumar (Alwar) to this effect that "today i.e 16.01.2010 at about 9:30 AM he received an information that in his field of mustard the dead body of unknown person is lying. Then he came to his field and saw that dead body of unknown person is lying in his field situated near the way of Berko to Isrota. The deceased was having injuries on the right side of his face and head. Some cloth were lying near him and some were wearing by him. Thereafter the nearby persons also came. Some unknown person put the dead body in the night in the field which could not be identified.
(3.) On this, a case bearing No. 13/2010 for the offence under Sections 302, 201 of the IPC was registered at Police Station Kathumar and after investigation, challan was filed against the accused respondents before the learned Judicial Magistrate, Ist Class, Kathumar, where-from the case was committed to the Court of learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Alwar (Raj.) for its trial. Learned trial court after hearing the arguments of both the parties, framed the charges against both the accused respondents for the offences under Sections 364-364 read with section 120B, 302-302 read with 120B, 397 and 201 IPC and also against accused respondent-Bhagwat Singh under section 3(ii)(v) of the Scheduled Caste/Schedule Tribe (Prevention of Atrocities) Act and explained them, who denied for the same and claimed for trial.;