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2008 Supreme(Raj) 1426

MAHESH CHANDRA SHARMA
State of Rajasthan – Appellant
Versus
Deen Dayal – Respondent


For the State: B.N. Sandhu, P.P.
For the Appellant:Mr. Sanjay Mehirishi, Advocate.
For the Accused Respondents:Mr. S.S. Sunda, Mr. Nitin Jain, Mr. Rajesh Goswami, Advocates.

JUDGMENT

1. - The above mentioned all 3 Criminal Appeals are co-related and the allegations are also similar learned trial court has also considered two FIRs together in appeal No. 392/89 and in Judgments also the learned trial court has discussed and considered all facts of these three cases together, these three appeals are being decided by a common judgment.

2. The State of Rajasthan has preferred this appeal against the judgment and order dated 4.6.1998 passed by the learned Chief Judicial Magistrate Sikar in Case No. 390/1974 (163/1973) by which he has acquitted the accused respondents (Deen Dayal and Ganpati Krishna) of the charges for the offence under Section 408 I.P.C.

3. The necessary facts giving rise to this appeal in brief are as follows:

4. A written report F.I.R. Ex.P-40 was filed before the Superintendent of Police, Sikar by the complainant Govind Singh Rawat PW-1, the Secretary Khadi Vikas Mandal, Govindgarh, Khadi Mandal, Sikar, alleging therein that the above Mandal was situated in Sikar and the accused respondents were 1 employed there. It was also mentioned in the report that both the accused respondents were responsible for the entire sales and business of the Ma























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