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2014 Supreme(Raj) 2020

R.S.CHAUHAN, KANWALJIT SINGH AHLUWALIA
State of Rajasthan – Appellant
Versus
Ram Chandra – Respondent


Advocates:
For the Appellant-State: Mrs. Sonia Shandilya, Public Prosecutor.
For the Accused-Respondent:Mr. Nishant Sharma, Advocate.
For the Complainant:Mr. Vishnu Sharma for Mr. P.K. Sharma, Advocate.

JUDGMENT :

       1.  Aggrieved by the judgment dated 6.3.2003 passed by the Additional Sessions Judge (Fast Track), Sikar whereby the learned Judge has acquitted the accused-respondent, Ram Chandra, for offence under Section 302 IPC, the State of Rajasthan has approached this court.

2. Briefly the facts of the case are that Sardar Singh (P.W.12) submitted a written report (Ex.P.32) before Tara Chand (P.W.19), SHO, Police Sation Sadar, Sikar wherein he claimed that about twenty-five years ago his sister, Sugani, was married to Ram Chandra. They had two sons, and two daughters. On 30.6.2002, his sister, both his nephews, and both his nieces were killed. He suspected that Ram Chandra, his father, Hanuman, his mother, Mohari Devi, and his sister, Raju had killed these persons. On the basis of this report, a formal FIR, namely FIR No.160/02 (Ex.P.33) was chalked out for offence under Section 302 IPC and the investigation commenced. During the course of investigation, the police arrested Ram Chandra. The police filed a charge-sheet only against Ram Chandra. It did not file any charge-sheet against the other three persons named in the FIR. In order to prove its case, the prosecution exami










































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