The prosecution must prove guilt beyond reasonable doubt; failure to provide credible evidence results in acquittal.

JUDGMENT :

BHUWAN GOYAL J.

1. This is criminal leave to appeal under Section 419(i)(iii) of the Bhartiya Nagarik Suraksha Sanhita, 2023 filed by the appellant-State assailing impugned Judgment and Order dated 17.01.2024 passed by Additional Sessions Judge No. 5, Ajmer in Sessions Case No.06/2019 (C.I.S. No. 1449/2019), vide which accused-respondents have been acquitted for the offence under Section 302 read with Section 34 of I.P.C.

2. Brief facts of the case are that on 28.04.2019, complainant-Radhakrishna Gupta (P.W. 2), submitted a written report (Ex.P/6) at the Police Station Ganj, Ajmer to the effect that on 27.04.2019 at 10.00 – 10.15 O’clock, he had come to Ghati Wale Balaji Mandir, where some persons had told him that three persons were attacking a person with stones at Ramprasad Ghat. On hearing them, he reached there and found that two persons ran towards the hill on seeing him and the person who was assaulted had injuries on the back of his head, name Dashrath was written on his hand and there was a tattoo of Trishul on his hand, clothes were soaked in blood. Both the persons had injured him by hitting him on the head with stones, then he called ambulance 108 but could not contact them, then he contacted 100 and gave the above information and then, went towards JLN to get an ambulance. On the way, he found 108 at Subhash Udyan. After talking to the driver, he came back to Ramprasad Ghat to see the injured person. The injured person was unconscious. At that time, he had heard that Saddam and Ali had beaten up Dashrath. He took him to JLN emergency and the police had come from the police station etc. On the basis of said written report, F.I.R. No.111/2019 was registered under Sections 323, 341 & 308 of I.P.C. and investigation was commenced. During the course of investigation, injured Dashrath died, therefore, police added Section 302/34 of I.P.C. in the matter. After completion of investigation, the police submitted charge-sheet against accused- respondents under Sections 302/34 of I.P.C. in the court of concerned Magistrate, who committed the case to the court of sessions, from where it has been transferred to the court of learned Additional Sessions Judge No. 5, Ajmer (for short ‘trial court hereinafter’). The trial court framed charge for the offence under Section 302 read with Section 34 of I.P.C. against accused- respondents and trial was commenced. After conclusion of trial, the trial court has passed judgment and order dated 17.01.2024 acquitting accused-respondents for the alleged offences. Hence, this criminal leave to appeal has been preferred by the appellant-State.

3. Heard learned Public Prosecutor on admission.

4. Learned Public Prosecutor has submitted that prosecution has produced cogent evidence on record and established commission of offence of murder of deceased by accused- respondents. This fact has been corroborated from the identification parade of the accused as well as recovery of bloodstained clothes at the instance of the accused-respondents, on which human blood was found in FSL. Thus, identification parade and FSL Report available on record have also connected accused-respondents with commission of crime in the present case. But despite that the trial court has erred in not believing the testimony deposed by the prosecution witnesses and evidence available on record in right perspective and has wrongly acquitted accused-respondents without any cogent reasons. He has, therefore, prayed that leave to appeal may be granted to the appellant-State.

5. We have considered arguments and have gone through impugned judgment and record of the trial court.

6. In the present case, the criminal prosecution regarding murder of deceased Dashrath alias Paaji was launched on the basis of a written report submitted by complainant Radhakrishna (P.W.2), who is stated to have when reached the spot, found that two persons ran towards the hill on seeing him and the person who was assaulted had injuries on the back of hi