JUDGMENT :

SANJAY KISHAN KAUL, J.

1. The moot point which arises for consideration is whether a benefit of doubt resulting in acquittal of the respondent in a case charged under Sections 302,323,341/34 of the Indian Penal Code [IPC] can create an opportunity for the respondent to join as a constable in the Rajasthan Police service.

2. The respondent and three others were charged with the aforesaid provisions of the Indian Penal Code and tried before the Additional Sessions Judge (Fast Track), Laxman Garh, District Alwar, Rajasthan. The incident relates to 6.10.2008 at about 6 p.m. when, as per the complainant Babulal, one Jagdish and Dayaram came in a tractor for tilling a disputed field in jungle Patan. Tofli, mausi of Babulal forbade them to till the land and apparently stayed back in the field. At that time, the tractor driver Jagdish drove the tractor and ran over Tofli. The complainant Babulal along with one Raju, Om Prakash and Dinesh rushed to her side but were beaten up and knife injuries were inflicted upon them by Dayaram, Love Kush (respondent), Bodan and Jagdish. Tofli was taken in a Buggi to the hospital where the doctor declared her brought dead. On the basis of the said