Judgment :

Dr. Pushpendra Singh Bhati, J.

1. In the instant criminal appeal, the appellant-State has challenged the judgment of acquittal dated 06.02.1997 passed by the learned Special Judge, N.D.P.S. Cases, Jodhpur (‘Trial Court’) in Sessions Case No.99/96 (State of Rajasthan Vs. Premsingh & Ors.), whereby the accused-respondents herein were acquitted of the charges against them under Section 302 read with Sections 149 , 147 & 498A IPC.

2. The matter pertains to an incident which had occurred in the year 1990 and the present appeal has been pending since the year 1998.

3. Brief facts of this case, as placed before this Court by the learned Public Prosecutor appearing on behalf the appellant-State, are that one Balchand (complainant) lodged an FIR on 29.06.1990 before the Police Station, Sardarpura, Jodhpur. Later, the complainant on 07.09.1990 submitted a complaint before the learned Judicial Magistrate No.2, Jodhpur wherein it was alleged that he had no faith in the police authorities and thus, he had an apprehension that the case would not be investigated in a fair manner.

3.1. The said learned Court called for a report and on 19.12.1990, the SHO of the Police Station, Sardarpura, Jo