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A.M.KAPADIA, GOPAL KRISHAN VYAS
State – Appellant
Versus
Balwant Singh – Respondent


Advocates:
Counsel for the Parties:
For the Complainant:Mr. H.S.S. Kharlia, Advocate.
For the Respondents:Mr. K.R. Bishnoi, Public Prosecutor and Mr. M.K. Garg, Advocate.

JUDGMENT

Gopal Krishan Vyas, J.—The instant criminal appeal has been filed by State challenging the judgment dated 11.3.1986 passed by Additional Sessions Judge No. 2 Hanumangarh Camp Suratgarh in Sessions case No. 57/85 whereby accused Balwant Singh and Richpal Singh @ Jaspal Singh were acquitted from the charges under Sections 326/34, 324/34 and 302/34 IPC and accused Bhagwan Singh @ Bagga Singh was though acquitted from the charge under Section 302/34 IPC while giving benefit of doubt but he was held guilty and convicted for committing offence under Sections 324 and 325 IPC.

2. During the pendency of this appeal, accused respondent No.3 Bhagwan Singh @ Bagga Singh died on 6.2.1990, therefore, vide order dated 14.12.1999, appeal against him was ordered to be abetted.

3. According to the brief facts of the case, one Pala Ram S/o Hansraj Nayak filed an FIR at police station Hanumangarh Town narrating therein that his father Hansraj( Deceased) used to look after the wine shop of liquor contractor and used to make complaint against the Raj Sikhs who were caught for dealing in illicit liquor. Deceased Hansraj also made complaint against Balwant Singh resident of Gangagarh and upon his

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