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DINESH MEHTA, RAJENDRA PRAKASH SONI
Tamachi – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The present criminal appeal under section 374(2) of Cr.P.C. has been filed challenging the judgment dated 13.11.1997, whereby the learned Sessions Judge, Barmer convicted and sentenced the appellants as under:
| Accused | Offence U/s | Sentence | Fine |
| Tamachi | 302 read with section 114 IPC | Life imprisonment | Rs. 100/- in default of payment of fine to further undergo 15 days RI |
| 3/25 of Arms Act | 1 Year | Rs. 100/- in default of payment of fine to further undergo 15 days RI | |
| Channu @ Chanesar | 302 read with section 114 IPC | Life imprisonment | Rs. 100/- in default of payment of fine to further undergo 15 days RI |
2. At the outset, Mr. Bishnoi, learned Public Prosecutor on the basis of factual report dated 07.05.2024 informed that the appellant No. 2 - Channu @ Chanesar has since passed away.
3. Hence, the present appeal qua appellant No. 2 - Channu @ Chanesar stands abated.
4. The facts in brief, which are relevant for the present purposes are that on 05.07.1995 an FIR came to be registered pursuant to an information/written complaint given by Bhagataram - brother of the deceased (Narnaram), in whic
The court acquitted the appellant due to insufficient evidence proving instigation and inadequate recovery of the weapon, emphasizing the need for corroborative evidence in serious charges.
The position of law is that the burden of proof that requisite sanction had been obtained rests upon the prosecution. Such burden includes proof that sanctioning authority had given sanction in refer....
Acquittal upheld where prosecution fails to prove intent to commit murder beyond reasonable doubt.
Prosecution must provide corroborative evidence, especially in firearm offences; mere accusations without substantiating proof cannot sustain a conviction.
The court upheld the conviction for attempt to murder and grievous hurt, modifying the life sentence to 10 years based on the nature of the injuries and lack of intent to kill.
The court affirmed conviction for attempted murder while reducing the sentence due to mitigating circumstances, highlighting scrutiny of evidence in violent crime cases and the need for direct corrob....
The conviction for attempted murder under Section 307 IPC was upheld based on eyewitness accounts, while the charge under the Arms Act was dismissed due to insufficient evidence.
Under such backdrop the conviction of the appellant under section 27 of Arms Act is maintained.
The court reduced the appellant's sentence for illegal possession of a firearm due to its harshness while affirming the conviction for assault under IPC, emphasizing the need for correct punitive mea....
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