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1979 Supreme(SC) 329

R.S.SARKARIA, V.D.TULZAPURKAR
Mohan Singh – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
Badri Das Sharma, N.H.Hingorani, RAM JETHMALANI

JUDGMENT

JUDGMENT :— This appeal by special leave is directed against an order, dated March 28, 1979, whereby the High Court of Rajasthan dismissed the appellants application under Section 482, Criminal Procedure Code and refused Code and refused to set aside an Order dated August 14, 1978 of the Sessions Judge framing a charge under Section 201, Penal Code against the appellant.

2. The prosecution case as put in Court is that on March 4, 1978, one Padam Singh was shot dead at the farm of the appellant by the accused, Doongar Singh, in conspiracy with the accused, Haniff and Shambhoo Singh. Padam Singhs dead body was first put in a jeep for removal. After going some distance the jeep went out of order. Thereafter, Doongar Singh brought the car of the appellant. The dead body was then transhipped into the car (RJF 2118) and was taken to a distance and thrown into a lonely well on the boundary of village, Ramasami. Doongar Singh then brought the car back to Mohan Singhs bungalow where it was washed (vide the Police report of A. S. P. City (West) Jodhpur). It is not alleged that the appellant was in any manner concerned as an abettor or accomplice in the murder or participated or abett


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