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2023 Supreme(Raj) 2269

MANOJ KUMAR GARG
Surendra Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : R.S. Choudhary
For the Respondent: Mukesh Trivedi

JUDGMENT :

Manoj Kumar Garg, J.

1. The appellant complainant has filed the present Criminal Appeal under Section 372 Cr.P.C against the judgment dated 31.07.2023 passed by learned Sessions Judge, Jalore in Sessions Case NO. 82/2023 whereby the accused respondents No. 2 & 3 have been acquitted from the offences under Section 341, 323/34 IPC.

2. Brief facts of the case are that the appellant complainant filed a written report before the SHO, P.S. Sayla stating therein that on 25.07.2017, in the evening, his father and younger brother were at the field where a tree had fallen. They saw accused respondents cutting the tree by axe. On protesting, the accused respondents became annoyed and accused Khim Singh attacked his father with iron rod and then beaten him with fists and blows, causing injuries.

3. On this report a FIR No. 100/2017 was registered against the respondents for offence under Sections 447, 323 read with 34 IPC and investigation commenced. After investigation, challan was presented against the respondents No. 2 & 3.

4. The trial Court framed charge against the accused respondents for offence under Sections 341, 323/34 IPC. The accused respondents denied the charge and claimed

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