Kika Ram vs State - 2022 Supreme(Raj) 508

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 508

PUSHPENDRA SINGH BHATI
Kika Ram – Appellant
Versus
State – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Shreekant Verma
For the Respondent: Mr. Mukhtiyar Khan, P.P.

JUDGMENT :

1. In the wake of instant surge in COVID – 19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.

2. This Criminal Appeal under Section 374 Cr.P.C. has been preferred with the following prayer:-

“It is, therefore, respectfully prayed that this appeal may kindly be allowed and the accused appellant may be acquitted of all the charges leveled against them.”

3. At the outset, learned counsel for the appellants submits that the appeal against appellant no. 2, Peera Ram, stands abated, as on 05.02.2020, and that the above prayed for reliefs be granted to the appellant no. 1, Kika Ram.

4. Learned counsel for the appellant submits that the present criminal appeal has been against the judgment, dated 30.08.1993, passed by the learned Sessions Judge, Pali, in Sessions Case No. 123/1990 by which the appellant was convicted for offences under Section 304 Part II I.P.C. and was awarded a sentence of 5 years R.I.

5. Learned counsel for the appellant submits that an F.I.R. was lodged by complainant Moti S/o Bhuta Meghwal, at Police Station Guda Endla on 16.08.1990 at 09:15