2005 Supreme(Raj) 2905
H.R.PANWAR
Saleem Alias Ramzan – Appellant
Versus
State of Rajasthan – Respondent
Advocates:
For the Petitioner:Bheemkant Vyas, Advocate.
For the Respondent: J.P.S. Chaudhary, Public Prosecutor.
JUDGMENT
1. - By this revision petition under Section 397 read with Section 401 Cr.P.C., the accused-petitioner has challenged the impugned judgment and order dated 2.7.99 passed by the Additional Sessions Judge, Ratangarh (for short, "the appellate court") in Criminal Appeal No. 58/1995, by which the appellate court dismissed the appeal filed by the accused-petitioner and affirmed the judgment and order dated 13.11.1995 passed by the Additional Chief Judicial Magistrate, Ratangarh (for short, "the trial Court") in Criminal Regular Case No. 84/95 (178/1992).
2. The facts of the case, relevant and necessary for disposal of this criminal revision petition, are that on 17.1.92, the Medical Jurist, P.B.M. Hospital, Bikaner informed the Police Station, Sadar, Bikaner that the dead- body of Kanhaiya Lal Sunar, who succumbed to the injuries sustained in an accident, has been brought to the hospital, which is lying in the mortuary. On this information, ASI Shankar Lal reached the hospital and started proceedings under Section 174 Cr.PC. He prepared the Furd-Surat-Lash and got the autopsy conducted. One Poonam Chand informed ASI Shankar Lal that on 16.1.92, at about 2.45 PM, near the railway
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