The State Of Rajasthan vs Khushiram Son Of Kajod
2022 Latest Caselaw 3079 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

           D.B. Criminal Leave To Appeal No. 23/2021

The State Of Rajasthan
                                                                   ----Appellant
                                   Versus
1.     Khushiram Son Of Kajod, Aged About 24 Years, Resident
       Of Kunder, Thana Barauni, District Tonk
2.     Devraj Son Of Kailash, Aged About 24 Years, Resident Of
       Rajmana,      Thana         Chauth          Ka       Barwada,    District
       Sawaimadhopur
                                                                ----Respondents

For Appellant(s) : Mr. Javed Choudhary, AGA For Respondent(s) : Mr. Jaswant Rathore for Mr. Harendra Singh

HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Order

12/04/2022

1. State has preferred this Criminal Leave to Appeal

against the judgment dated 27.11.2019 passed by Sessions

Judge, Sawaimadhopur, whereby both the accused respondents

have been acquitted from the offence under Sections 302/34 IPC

by granting them the benefit of doubt.

2. It is contended by learned Addl. Government Advocate

that the trial court has ignored material evidence and erred in

acquitting the accused-respondents.

3. We have perused the record.

4. As per the record, the FIR was lodged after six days of

the incident. In the FIR, the allegation was against Mia Ram of

(2 of 2) [CRLLA-23/2021]

taking away the deceased forcefully and there was no mention

about the present respondents.

5. From the record, it is also revealed that there is no last

seen witness who has deposed that the present respondents took

away the deceased with them. There is no recovery of weapon of

offence and the chain is not complete. Since the matter pertains

to circumstantial evidence, in absence of the completion of the

chain, respondents could not be convicted. Even the motive for

commission of the offence is not established.

6. The Court below has properly dealt with entire evidence

and has not committed any illegality in acquitting the respondents,

no ground is made out to grant leave to appeal.

7. Hence, the criminal leave to appeal is accordingly,

dismissed.

(ANOOP KUMAR DHAND),J (PANKAJ BHANDARI),J

CHANDAN /9

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