INDRASAN DEVI Vs. STATE

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 372 of Cr.P.C. against the judgment of acquittal dtd. 16/1/2020 passed by learned Additional Sessions Judge, Suratgarh, District Sri Ganganagar in Sessions Case No. 08/2017 whereby the accusedrespondents were acquitted for the offences under Ss. 302 and 201 read with Sec. 34 of I.P.C.

(2.) Briefly stated, the facts of the case are that the dismembered body of the deceased was found on the railway track around 1.5 kms away from Rajpura. A Marg report No. 01/17 Exhibit P-1) came to be registered wherein an enquiry regarding cause of death was made by the police under Sec. 174 of Cr.P.C and the body was sent for Post-Mortem. Jaikishan, the brother of the deceased, submitted a written report wherein it was stated that when the deceased was sleeping at night, he received multiple calls. At around 11 p.m., the deceased told his wife that he would be back in a while and left home. Subsequent to this, his dead body was found at the railway track. An F.I.R. (Exhibit P-14) came to be registered and investigation commenced in the matter.

(3.) During investigation, Rameshwar Lal and Pooja were found to have allegedly committed the crime of murder of the deceased and they were made accused. Both the accused were chargesheeted for the offences under Ss. 302 and 201 r/w 34 of IPC. As the offences were triable by Court of Sessions, the case was committed to Additional District & Sessions Judge, Suratgarh on 27/3/2017 and the trial was set into motion.