[2025:RJ-JD:33814-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Appeal No. 582/2002 State of Rajasthan ----Appellant Versus

1. Bheema son of Dola Gurjar aged 50 years resident of Pasund P.S. Rajnagar District Rajsamand

2. Mal Chand son of Shri Modi Ram Gurjar resident of Koyal – presently residing at village Sewali P.S. Rajnagar District Rajsamand

3. Paras Ram son of Nathu Gurjar resident of Pasund P.S. Raj Nagar District Rajsamand.

----Respondents Connected With D.B. Criminal Revision Petition No. 259/2002 Smt. Badami Bai widow of Late Sh. Mohanlal(deceased) resident of Boraj Ka Kheda, P.S. Rajnagar, District Rajsamand.

----Appellant Versus

1. Bheema son of Dola Gurjar, resident of Pasund, P.S. Rajnagar, District Rajsand.

2. Mal Chand son of Modi Ram Gurjar, resident of Village Koyal, at present Sevali, P.S. Rajnagar, District Rajsamand.

3. Paras Ram son of Nathu Gurjar, resident of Pasund, P.S.

Rajnagar, District Rajsamand.

4. The State of Rajasthan ----Respondents For State(s) : Mr. Vikram Singh Rajpurohit, PP For Respondent(s) : Mr. Chandan Singh Jodha Mr. Rajiv Bishnoi for Mr. Vineet Jain, Sr. Adv.

Mr. Surendra, Amicus Curie HON'BLE MR. JUSTICE MANOJ KUMAR GARG HON'BLE MR. JUSTICE SANJEET PUROHIT

Order

Reportable

29/07/2025 Per, Hon’ble Mr. Sanjeet Purohit, J:

1. The present appeal under Section 378 Cr.P.C. (by the State of Rajasthan) as well as the Criminal Revision Petition under Section 401 Cr.P.C. (by Smt. Badami widow of deceased-Mohan) have been preferred while assailing the validity and propriety of judgment dated 14.12.2001 passed by the learned Additional District and Sessions Judge (Fast Track) Rajsamand in Sessions Case No.94/2001 whereby the learned trial Court has acquitted the accused-respondents for offences punishable under Sections

302, 120-B and 34 of IPC.

Facts of the case:

2. The facts germane to the present case are that on 06.11.2000 at around 11:00 PM, a written complaint was submitted by respondent Mal Chand S/o Shri Modi Ram Gurjar stating therein that around 6:00 PM his brother-in-law deceased- Mohan S/o Lalu Gurjar came and requested to come along with him to meet Nathu Ji at Karatwas to have some social discussion and receive some payment. Thereafter, the complainant and deceased went to Karatwas on deceased’s Motorcycle and after having necessary talks, at around 8:15 PM started back for home. At around 9:00 PM, while returning back through the forest area, they found that the road was blocked and thus, deceased Mohan stopped his motorcycle. Suddenly 2-3 persons who have covered their faces ran towards them and the complainant being frightened, jumped from motor cycle and ran away. The said persons attacked deceased Mohan with sticks. It is further stated that the complainant ran to village and brought few villagers on tractor. After reaching on the site they found that deceased Mohan has died on spot.

3. On the basis of said complaint, FIR No.233/2000 dated 06.11.2000 was registered at Police Station Kunwariya, District Rajsamand against unknown persons for offence punishable under Section 302 IPC. The investigating agency carried out the investigation and filed charge sheet against three accused persons i.e. Bhima S/o Dola, Paras Ram S/o Nathu as well as complainant Malchand S/o Modi Ram.

4. Post framing of charges, the learned trial Court proceeded with the trial wherein the prosecution examined 21 witnesses and exhibited 65 documents. The statement of accused respondents were recorded under Section 313 Cr.P.C. wherein they denied the commission of offence by them and stated that they were falsely implicated in the case. Three defence witnesses were also examined during trial.

5. The learned trial Court post considering the entire record vide its judgment dated 14.12.2001 concluded that the prosecution has failed to prove the case beyond reasonable doubt while specifically observing that the entire prosecution story is based on doubts and there had been various missing links in the story