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PUSHPENDRA SINGH BHATI, MUNNURI LAXMAN
Devi Lal S/o Soma Kalasuwa – Appellant
Versus
State Of Rajasthan, Through P. p. – Respondent
JUDGMENT :
DR. PUSHPENDRA SINGH BHATI, J
1. This criminal appeal under Section 374(2) Cr.P.C. has been preferred claiming the following relief:
2. The accused-appellants laid a challenge to the judgment of conviction and order of sentence dated 12.09.2018 passed by the learned District & Sessions Judge, Dungarpur, in Sessions Case No.60/2015 (CIS No.78/2015) (State of Rajasthan Vs. Devi Lal & Anr.), whereby the accused-appellants have been convicted and sentenced as below:
3. Brief facts of the case, as placed before this Court by learned counsel for the accused-appellants, are that on 17.04.2015, Bharatlal (complainant) presented, from Mortuary, Kothari General Hospital, Dungarpur, a written report before the Police Station officer, Dovda, to the effect that on 16.04.2015, the complainant was in General
The court reaffirmed that the intention to kill can be established through circumstantial evidence and that joint liability under Section 34 IPC applies when multiple individuals participate in a cri....
Advocates appeared :For the Appellant : Ashok Kumar Jain For the Respondent : R. K. Awasthi
The court modified convictions from murder to culpable homicide not amounting to murder, emphasizing the need for established common intention among accused, reflecting principles of reasonable doubt....
The absence of intent to kill led to the reclassification of charges from murder to culpable homicide not amounting to murder.
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