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2024 Supreme(Raj) 224

RAJENDRA PRAKASH SONI, PUSHPENDRA SINGH BHATI
State Of Rajasthan – Appellant
Versus
Hukma Ram S/o Kehra Ram – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. B.R. Bishnoi, Mr. Rakesh Arora
For the Respondent: Mr. Piyush Chauhan.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  1. The case involved the death of Madaram due to injuries inflicted by the accused, leading to charges under Sections 302, 323, and 341 of the Indian Penal Code (IPC). The prosecution sought to establish the involvement of the accused in the murder, but the court found the evidence insufficient for a conviction under Section 302 IPC, and the accused were acquitted of that charge (!) (!) .

  2. The court emphasized the importance of a comprehensive appreciation of evidence in criminal trials, highlighting that selective or partial evaluation may lead to miscarriage of justice. It also noted the limited scope for interference in acquittal judgments, especially when the trial court's reasoning is legally plausible (!) (!) (!) (!) (!) (!) (!) .

  3. The evidence presented included witness testimonies, medical reports, and injuries observed on the deceased. The court identified contradictions and inconsistencies in witness statements and medical evidence, which affected the reliability of the prosecution's case. Several witnesses who initially supported the incident later were declared hostile or provided conflicting accounts (!) (!) (!) (!) (!) (!) (!) .

  4. The medical evidence did not conclusively establish that injuries caused the death, and the absence of injuries on the head (which was the presumed cause of death) was a significant factor. The court found that the injuries were not sufficient to prove intent or motive for murder, leading to the acquittal of the accused under Section 302 IPC (!) (!) (!) (!) .

  5. The decision also considered the nature of injuries, the absence of weapons, and the lack of clear motive, which collectively weakened the case for murder. The court upheld the trial court's reasoning, emphasizing that the evidence did not demonstrate the essential elements required for a conviction under Section 302 IPC (!) (!) .

  6. Regarding the offences under Sections 323 and 341 IPC, the court acknowledged that a compromise had been reached between the complainant and the accused. Since Section 323 IPC is a compoundable offence, the court accepted the compromise and modified the judgment accordingly, resulting in the accused being acquitted of this offence (!) (!) .

  7. The court reiterated the legal principles that appreciation of evidence must be thorough and that an appellate court should only interfere if there is a legal error, perversity, or illegality in the trial court's decision. The scope for reversal is limited when the trial court's view is a legally plausible one (!) (!) .

  8. Ultimately, the appeal filed by the State against the acquittal under Section 302 IPC was dismissed, affirming the trial court's judgment, while the appeal concerning the conviction under Section 323 IPC was allowed, and the conviction was set aside based on the compromise (!) (!) .

Please let me know if you need a more detailed analysis or assistance with specific legal questions related to this case.


JUDGMENT :

Pushpendra Singh Bhati, J.

1. Both the instant appeals are directed against the impugned judgment dated 27.06.1992 passed by the learned Additional Sessions Judge No.1, Jodhpur (‘Trial Court’) in Sessions Case No.86/92 (State Vs. Hukma Ram & Anr.). Instant D.B. Criminal Appeal No.230/1992 has been preferred to challenge the said judgment to the extent of conviction of the accused-appellants; while the instant D.B. Criminal Appeal No.333/1994 has been preferred by the State against the same impugned judgment to the extent of acquittal of the accused-Hukma Ram herein.

1.2. The accused-appellants herein have been convicted and sentenced as below vide the aforementioned judgment of conviction and order of sentence dated 27.06.1992 :

Accused-appellant Hukma Ram :

Offence

Sentence

Fine

323 IPC

One Year’s R.I.

Rs.1,000/-, in default of which, to further undergo 6 month’s R.I.

Accused-appellant Shera Ram:

Offence

Sentence

Fine

323 IPC

One Year’s R.I.

Rs.1,000/-, in default of which, to further undergo 6 month’s R.I.

341 IPC

One month’

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