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2024 Supreme(Raj) 955

PUSHPENDRA SINGH BHATI, MUNNURI LAXMAN
State of Rajasthan – Appellant
Versus
Mukh Ram, S/o. Harji Ram – Respondent


Advocates Appeared:
For the Appellant : Mr. C.S. Ojha, AGA.
For the Respondent: Ms. Anjali Kaushik.

ORDER :

1. This criminal appeal under Section 378 (iii) & (i) of the Cr.P.C. has been preferred by the appellant-State laying a challenge to the judgment of acquittal dated 08.05.2000, passed by the learned Additional Sessions Judge No.1, Sri Ganganagar in Sessions Case No.4/2000 (State of Rajasthan Vs. Mukh Ram), whereby the accused respondent was acquitted for the offence under Section 302 of the Indian Penal Code.

2. The matter pertains to an incident which occurred in the year 1999 and the present appeal has been pending since the year 2000.

3. Brief facts of the case, as placed before this Court by Mr. C.S. Ojha, learned Government Counsel appearing on behalf of the appellant-State, are that the incident which was reported at 8:00 am on 09.10.1999, occurred at 10:00 pm on 08.10.1999 when the complainant Pappu Ram alongwith his brother Jagdish and cousin Banwari went to the nearby field of their uncle (Chacha) Mukh Ram-accused where deceased Jagdish confronted Mukh Ram as to why he was spreading false rumours about his wife, upon which the accused Mukh Ram (uncle) got annoyed and used a sword to hit the deceased Jagdish due to which deceased Jagdish fell down. Thereafter, the dece

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