[2026:RJ-JD:16594-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Crml Leave To Appeal No. 97/2024 State Of Rajasthan, Through PP.

----Appellant Versus Naresh S/o Gattulal, Aged about 33 years, Resident of Tamboliya P.S. Dhambola, District Dungarpur (Raj.).

----Respondent For Appellant(s) : Mr. C.S. Ojha, PP.

For Respondent(s) : Ms. Vishakha Pareek.

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA

Judgment

09/04/2026

1. Heard learned counsel for the parties.

2. The present criminal leave to appeal has been filed against the judgment dated 28.03.2023 passed by the learned Sessions Judge, Dungarpur in Sessions Case No.07/2022, whereby the accused-respondent has been acquitted for the offence under Sections 302, 307 and 323 of IPC and Section 4/25 of Arms Act.

3. Briefly stated the facts in the present leave to appeal are that on 02.11.2021, the complainant Gattulal son of Kuba Damor, resident of Tamboliya, Police Station Dhambola submitted a written report before the police personnel at C.H.C. Seemalwada Mortuary alleging therein that an incident occurred in the house of his son Naresh. On the night of 01.11.2021 at about 1:35 AM, upon hearing cries from Naresh’s house, the complainant and his wife rushed there and found Naresh’s wife Laxmi, their infant child and elder son injured and bleeding, while another child- Vishal had succumbed to injuries. The injured persons alleged that Naresh attacked them with an iron rod while they were asleep, resulting in the death of Vishal and serious injuries to others, who were subsequently admitted to Modasa Hospital for treatment.

4. On the basis of the said report, an FIR No.316/2021 was registered at Police Station, Dhambola under Sections 302 and 323 IPC and after investigation, a charge sheet was filed against the accused-respondent under Sections 302 & 323 of IPC and Section 4/25 of the Arms Act before the Judicial Magistrate, Seemalwada.

5. The learned Trial Court thereafter framed the charges against the accused-respondent under Sections 302, 307 and 323 of IPC and under Section 4/25 of the Arms Act.

6. During trial, statements of 14 prosecution witnesses were recorded including the injured witnesses, medical officers and exhibited total 44 documents. The accused in his statement recorded under Section 313 Cr.P.C. denied all allegations and chose not to lead any defence evidence, except producing one document marked as Exhibit D-1.

7. After conclusion of the trial, the learned Trial Court vide impugned judgment dated 28.03.2023 acquitted the accused- respondent for the offence under Section 302, 307 and 323 of IPC and under Section 4/25 of the Arms Act.

8. Learned counsel for the State vehemently submits before this Court that the learned Trial Court has committed an error while passing the order of acquittal. He further submits that there was clinching evidence in the shape of statements of PW-2 Jitendra, PW-3 Kantilal and PW-4 Gattulal, who have seen the respondent fleeing away from the place of incident. He also submits that the testimony of PW-1 Smt. Laxmi cannot be relied upon as she is an interested witness being the wife of the respondent and, therefore, the other evidence, which has been brought on record, should have been considered by the learned Trial Court while passing the judgment and order dated 28.03.2023. He also submits that the weapon of offence has been recovered from the respondent and as per the FSL report, it bears the blood of the deceased.

9. Learned counsel for the State further submits that the chain of circumstances was complete, indicating the only conclusion that the respondent was the only person, who has committed the offence, despite this fact, the order of acquittal has been passed in the present case. He, therefore, prays that the present leave to appeal may be granted and the appeal itself may be admitted for hearing.

10. Per contra, learned counsel for the respondent vehemently opposed the submissions made by learned