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2019 Supreme(SC) 750

INDIRA BANERJEE, AJAY RASTOGI
State Of Rajasthan – Appellant
Versus
Mahesh Kumar @ Mahesh Dhaulpuria – Respondent


Advocates Appeared:
For Appellant(s) :Ms. Ruchi Kohli, Advocate

JUDGMENT :

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 IPC.

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 twothree 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 fac

























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