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2024 Supreme(Raj) 1001

PUSHPENDRA SINGH BHATI, MUNNURI LAXMAN
State Of Rajasthan – Appellant
Versus
Mandar Singh @ Sukhdarshan Singh, S/o Shri Meethu Singh – Respondent


Advocates Appeared:
For the Appellant : Mr. C.S. Ojha, PP.
For the Respondents: Mr. Anil Gupta, Adv.

JUDGMENT :

(Munnuri Laxman, J.) :

1) The present appeal is directed against the judgment of acquittal dated 01.03.1994 passed by the learned Additional Sessions Judge, Raisinghnagar on the file of Session Case No.51/1993, wherein and whereby the respondents were acquitted of the charges for offence under Sections 302/34, 326/34, 325/34, 325, 323 & 201 of IPC.

2) Against the said acquittal, the present appeal is at the instance of the State.

3) Concisely, the case of the prosecution is that on 19.04.1993 at about 3:30 p.m., Gurudev Singh, uncle of the deceased-Major Singh lodged a report at Police Station Anupgarh stating that on 17.04.1993, Major Singh and two brothers Binder Singh and Balveer Singh went to the field for harvesting crop. While he was returning, he found that Major Singh was at the liquor shop situated at Chak 137 RD Head. Binder Singh and Balveer Singh also saw that the deceased-Major Singh was consuming the liquor at liquor shop at about 7:30 pm and they insisted Major Singh to come along with them. However, he could not accompany them and did not turn out the entire night to the house. When the complainant went to Chak 137 RD Head next day morning at about 6:30 p.m

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