The acquittal of the accused was upheld as the prosecution failed to prove guilt beyond a reasonable doubt, citing insufficient evidence and inconsistencies in witness testimonies.

JUDGMENT :

PUSHPENDRA SINGH BHATI, J.

1. This criminal appeal has been preferred by the appellant-State laying a challenge to the judgment of acquittal dated 03.11.1993 passed by the learned Additional Sessions Judge No.2, Sriganganagar, in Sessions Case No. 39/1992 (State of Rajasthan Vs. Rajesh Kumar @ Chili & Ors.) whereby the accused-respondent, namely, Rakesh Kumar @ Pappu was acquitted of the charges against him under Sections 3 02 & 201 IPC and Section 3 /25 (1)(b) of ARMS ACT ; accused-respondents Harichand, Rajesh Kumar @ Chilli and Banwarilal were acquitted of the charges against them under Sections 3 02 read with Sections 3 4 , 120-B & 201 IPC, while extending all the accused-respondents the benefit of doubt.

1.2. At the outset, it has been brought to the notice of this Court that accused-respondent No.2-Banwarilal and accused-respondent No.4- Harichand have expired, as reflected in the orders dated 22.05.2024 & 27.02.2020, respectively, whereby, the instant appeal to the extent of the said deceased respondents was dismissed, as having abated. Thus, the present appeal is surviving only qua accused-respondents (surviving), namely, Rakesh Kumar @ Pappu, and Rajesh Kumar @ Chilli, and the present adjudication is being made accordingly.

2. The matter pertains to an incident which had occurred in the year 1992 and the present appeal has been pending since the year 1995.

3. Brief facts of the case, as placed before this Court by the learned Public Prosecutor appearing on behalf of the appellant- State, are that on 02.01.1992 at around 10:45 p.m., one Nanakchand (complainant) gave a verbal information before Police Station, Kotwali, Sriganganagar, stating that on the said date i.e. 02.01.1992, his brother, namely, Ashok was engaged in the business of sale of Ayurvedic medicines, and that, accused-respondent Rajesh Kumar @ Chilli, his father i.e. accused- respondent Harichand (now deceased) and Dr.Chandrabhan, were also engaged in the same business.

3.1. It was further stated that about 12 days prior to the said information, accused-respondents, namely, Rajesh & Harichand and Dr. Chandrabhan alongwith the complainant’s brother Ashok were on a business tour at Degana. After reaching at home from the said business tour, the complainant was informed by his brother Ashok that while they were on business tour, Rajesh, Harichand and Dr. Chandrabhan indulged into a fight with Ashok while asking as to why Ashok conducted a medicine selling camp with the said persons, and while saying so, the accused persons threatened to kill the complainant’s brother i.e. Ashok.

3.1.1. It was further stated that 8-9 days prior to the said date, at Ganganagar Railway Station, accused-Harichand (now deceased), caught the neck of the younger brother (Gopal @ Kalu) of the complainant, while saying that Ashok i.e. younger brother the complainant and Gopal @ Kalu used to intervene in the business (sale of medicines) of the accused-respondents, and asked him (Gopal @ Kalu) to tell Ashok not to make any such intervention in future, otherwise, as threatened by the accused-respondents, his brother Ashok would be killed. The said incident was narrated to the complainant & his brother Gopal @ Kalu himself.

3.2. As per the complainant, on the date of the incident in question i.e. 02.01.1992, in the evening, his brother Ashok went out on his motorcycle, and when he did not return till 9:00 p.m., the complainant & his brother (Gopal @ Kalu) alongwith one of their relatives i.e. Roshan Lal Kataria, went to search for Ashok; during course of such search, they went towards the house of accused-Harichand.

3.2.1. It was also stated that when they reached near Pola Factory, the complainant party heard the sound of firing, whereupon, they rushed towards the place of the said firing; through the light coming from the electric pole, they saw accused-Rajesh, his uncle Chandrabhan, one other person and one Jugraj Singh Suthar, carrying a person in a street nearby, by dragging hi