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Judgment
The instant criminal leave to appeal has been filed by the
State of Rajasthan under Section 378 (iii) and (i) of Cr.P.C .
seeking leave to file appeal against the judgment dated 25 th of
October, 2016 passed by learned Sessions Judge, Jalore, in
Session Case No.3/2012, whereby the learned trial court acquitted
the respondent from the charge leveled against him for offence
under Section 302 of IPC.
Succinctly stated, the facts of the case are that on
21.05.2008 complainant- Raju Singh (PW.4) at 10.00 AM
submitted a written report (Ex.P/7) at Police Station- Jalore for
the incident occurred in the Open Air Camp, Keshvana, Jalore. It
was stated in the written complaint that while he was on his duty,
at about 05.00 AM he was informed by Rajendra that one prisoner
Lakharam was crying while sitting on his cot and blood was oozing
out from his head. Thereafter, prisoner was immediately taken to
hospital in vehicle jeep along with driver Ishwar Singh and
manager Manaram, where during treatment Lakha Ram died.
In the complaint is further stated that other prisoner
Swaroopa Ram @ Patta who was residing with him in Open Air
Camp was also found missing. Upon the aforesaid complaint,
F.I.R. No.142/2008 was registered at Police Station- Jalore for
offence under Sections 303 and 224 of IPC and respondent-
Swaroopa @ Patta was arrested vide Ex.P/9.
After investigation charge sheet against the respondent was
filed under Sections 303 and 224 IPC in the court of Addl. Chief
Judicial Magistrate, Jalore, from where the case was committed to
Sessions Court for trial. The learned Sessions Judge after
providing opportunity of hearing to the parties framed charge
under Sections 302 and 224 IPC against the respondent and trial
was commenced. However, during trial, an application was moved
under Section 216 Cr.P.C., for amending the charge, the learned
trial court amended the charge on 07.10.2015 for offence under
Sections 302 and 224 of IPC.
The learned trial court after recording circumstantial
evidence, finally acquitted the respondent from the charge levelled
against him for offence under Section 302 of IPC vide judgment
dated 25.10.2016. Against the said judgment, leave has been
sought by the State Government.
Learned Public Prosecutor argued that inspite of availability
of circumstantial evidence on record, the learned trial court
acquitted the respondent from the charge levelled against him,
therefore, the finding of acquittal recorded by the learned trial
court deserves to be quashed. Learned Public Prosecutor further
submitted that undisputedly the respondent and deceased were
residing in one room at Open Air Camp, Jalore and in the morning
Lakha Ram, the deceased, was found injured and the respondent
was missing from the room, therefore, a presumption was to be
drawn by the trial court so as to connect the respondent with the
crime. However, unfortunately trial court committed a grave error
to acquit the respondent from the charge levelled against him,
therefore, the instant criminal leave to appeal may kindly be
allowed.
After considering the entire facts of the case and evidence on
record, it is revealed that there is no evidence of last seen, or
evidence as to from which date the respondent was missing and
no other evidence viz. blood stained clothes, weapon or any
evidence of any quarrel came on record and charge sheet was
filed only on the basis of presumption that on the date of incident,
the respondent was missing, therefore, the learned trial court
acquitted the respondent from the charge levelled against him
while giving finding that there is no evidence of last seen,
recovery of any article or weapon. Therefore, we are of the
opinion that it is not a fit case to grant leave to appeal against the
judgment impugned, hence, the present leave to appeal is hereby
dismissed.