State of Rajasthan vs Hari Shankar @ Mulya

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 1893

PANKAJ BHANDARI, BHUWAN GOYAL
State of Rajasthan – Appellant
Versus
Hari Shankar @ Mulya – Respondent

Advocates Appeared:
For the Appellant : Mr. Javed Choudhary, AGA.
For the Respondents: Mr. Harendra Singh Sinsinwar with Mr. Dhruv Atrey.

JUDGMENT :

(Bhuwan Goyal, J.)

The appellant-State of Rajasthan has preferred instant appeal under Section 378 of the Code of Criminal Procedure, 1973 against impugned Judgment and Order dated 03.02.1997 passed by the Sessions Judge, Sawai Madhopur in Sessions Case No. 61/1996 (State of Rajasthan v. Harishanker alias Mulya & Anr.), whereby accused-respondent Harishanker was acquitted of offences under Sections 302 & 307 of I.P.C. and accused-respondent Ramniwas was acquitted of offence under Section 302 of I.P.C.

2. Brief facts relevant and essential for disposal of present appeal are that on 13.07.1996, complainant - Kripa Ram (P.W. 2) submitted a written report (Ex.P/6) before the police at General Hospital, Sawai Madhopur, wherein it was inter-alia alleged that today, he and his wife Jasoda were irrigating peanut crop from the well. At around 4.00 p.m., Bhutya alias Mulya alias Harishanker, who is his younger brother, came and started to dismantle the boundary (Dol) of his field and he was accompanied by his uncle Ramniwas. Both of them were dismantling his boundary. On stopping them from dismantling the boundary, his brother - Harishanker, who was having 'Kudali' in his hands, i

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