Ajay Rastogi JUDGMENT
Ajay Rastogi, J.
1. These appeals have been filed by the prosecution assailing the judgment of the High Court of Rajasthan dated 3rd January, 2012 acquitting the Respondents charged for the offences Under Sections 302, 201 read with Section 34 Indian Penal Code.
2. As per case of the prosecution, on 19th October, 2002 in the morning at 12.30 p.m., the informant Abdul Haq gave a written report that in the intervening night of 18th and 19th October, 2002, while he was sleeping in his railway quarter situated at Borkheda Culvert near the railway line, Kota at about 12.05 a.m., one Madan Bheel and Parmanand Bheel came to his quarter and woke him up and stated that the dead body of one unknown person was lying beneath the culvert at 916/8.10 km of the railway line, Kota (Rajasthan). Thereupon, he reached there and saw that dead body had injuries on its head, mouth and face. On inquiry, Smt. Saroti Bai Bheel disclosed that sometime before she woke up for urinating, she saw two-three persons coming by an auto rikshaw, who had placed the said body on the railway line and had gone away. One person who was standing there revealed that the said dead body was of Bajranglal, retired Constable. From the facts of the report made by informant Abdul Haq, the Police Station Incharge reached at the spot and found an offence Under Sections 302, 201 read with Section 34 Indian Penal Code. This report was sent with Shri Fazlur Rehman, Head Constable for registering a case to Police Station Nayapura, Kota.
3. Crime No. 679/02 was registered by the Head Constable and First Information Report was sent to the Police Station In-charge. Thereafter, the investigation was done and charge-sheet was submitted against the Respondents Mahesh Kumar, Dinu @ Deendayal and Bhaiya @ Devkaran in the Court of Magistrate. Learned Magistrate handed over the case to the Sessions Court, Kota from where it was transferred to the Court of Additional Sessions Judge, No. 2, Fast Track, Kota.
4. The prosecution in support thereof produced 25 witnesses and got exhibited Exhibit P-1 to P-45 in its documentary evidence. Thereafter, the statements of the Respondents were recorded Under Section 313 of Code of Criminal Procedure, 1973. In defence, DW-1 Rajendra Singh was produced and the statements of prosecution witnesses Pratap and Bhupendra recorded Under Section 161 of Code of Criminal Procedure, 1973 were relied as Exhibit D-1 and D-2.
5. The learned Sessions Judge, based on the material available on record, held all the Respondents guilty Under Sections 302,