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1999 Supreme(Raj) 1492

V.G.PALSHIKAR
Prem Singh – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. - This appeal is directed against the order of learned Sessions Judge, Merta dated 30.3.1984 in Sessions Case No. 2/82 whereby the learned Sessions Judge has convicted the accused under section 324, 447, 427 & 323 IPC and acquitted him under section 307 IPC. Both the appeals are pending for about 18 years. The order of acquittal is passed on appreciation of evidence as well reasoned order requiring no interference. The appeal against the acquittal in the circumstances deserves to be dismissed. Similarly the finding of the accused person being guilty under section 324 of causing hurt is also recorded.

2. On appreciation of evidence I see no reason to interfere with the same. However, the accused persons have been on bail for last 18 years and there is no fruitful purpose would be served by sending the petitioner back in jail. Interest of justice would be met, therefore, if the appeal is partly allowed. The conviction is maintained and the sentence is reduced to already undergone.

3. In this case the gun was seized from one Anand Singh father of the accused and that order has been made directing returning of gun. However, in spite of notice no appeal against returning of th



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