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1985 Supreme(Raj) 234
Rajasthan High Court
M.C. Jain & Jas Raj Chopra, JJ.
Nihal Singh - Appellant
Versus
State of Rajasthan - Respondents
D.B. Criminal Appeal No. 812 of 1980
Decided On : October 11, 1985
M.L. Garg & D.K. Purohit, for accused-appellants; L.S. Udawat, Public Prosecutor.
Headnote:Criminal Trial—Place of occurrence—Absence of blood on alleged scene of occurrence—renders prosecution story doubtful—Prosecution cannot succeed and accused are entitled to acquital. (Paras 5 & 6)
1. Nihalsingh u/s 148, IPC. Six months R.I. and a fine of Rs. 100/-, in default of payment of fine to further undergo 15 days simple imprisonment.
u/s 302/ 149, IPC. Life imprisonment and a fine of Rs. 1000/-, in default of payment of fine to further undergo 4 months simple imprisonment.
u/s 307/ 149, IPC. One years rigorous imprisonment and a fine of Rs. 500/-, in default of payment of fine to further undergo 3 months simple imprisonment.
u/s 27, Arms Act. One years simple imprisonment and a fine of Rs. 500/-, in default of payment of fine to further undergo 3 months simple imprisonment.
u/s 25, Arms Act. Six months simple imprisonment and a fine of Rs. 300/- in default of payment of fine to further undergo 2 months imprisonment.
2. Pratap u/s 148, IPC. Six months R.I. and a fine of Rs. 100/, in default of payment of fine to further undergo 15 days simple imprisonment.
u/s 302/ 149, IPC. Life imprisonment and a fine of Rs. 1000/, in default of payment of fine to further undergo 4 months simple imprisonment.
u/s 307/ 149, I.P.C. One years rigorous imprisonment and a fine of Rs. 500/-, in default of payment of fine to further undergo 3 months simple imprisonment.
u/s 27, Arms Act. One years simple imprisonment and a fine of Rs. 500/-, in default of payment of fine to further undergo 3 months simple imprisonment.
3. Baldeva u/s 148, IPC. Six months R.I. and a fine of Rs. 100/-, in default of payment of fine to further undergo 15 days simple imprisonment.
u/s 302/ 149. IPC. Life imprisonment and a fine of Rs. 1000/-, in default of payment of fine to further undergo 4 months simple imprisonment.
u/s 307/ 149, IPC. One years rigorous imprisonment and a fine of Rs. 500/-, in default of payment of fine to further undergo 3 months simple imprisonment.
u/s 27, Arms Act. One years simple imprisonment and a fine of Rs. 500/-, in default of payment of fine to further undergo 3 months simple imprisonment.
4. Dharma u/s 148, IPC. Six months R.I. and a fine of Rs. 100/-, in default of payment of fine to further undergo 15 days simple imprisonment.
u/s 302/ 149, IPC. Life imprisonment and a fine of Rs. 1000/-, in default of payment of fine to further undergo 4 months simple imprisonment.
u/s 307/ 149, IPC. One years rigorous imprisonment and a fine of Rs. 500/-, in default of payment of fine to further undergo 3 months simple imprisonment.
u/s 25, Arms Act. Six months simple imprisonment and a fine of Rs. 300/-, in default of payment of fine to further undergo 2 months simple imprisonment.
u/s 27, Arms Act. One years simple imprisonment and a fine of Rs. 500/-, in default of payment of fine to further undergo 3 months simple imprisonment.
5. Jagram u/s 148, IPC. Six months R.I. and a fine of Rs. 100/-, in default of payment of fine to further undergo 15 days simple imprisonment.
u/s 302/149, IPC. Life imprisonment and a fine of Rs. 1000/-, in default of payment of fine to further undergo 4 months simple imprisonment.
u/s 307/149, IPC. One years regorous imprisonment and a fine of Rs. 500/-, in default of payment of fine to further undergo 3 months simple imprisonment.
6. Raju u/s 148, IPC Six months R.I. and a fine of Rs. 100/-, in default of payment of fine to further undergo 15 days simple imprisonment.
u/s 302 /149 Life imprisonment and a fine of Rs. IPC. 1000/-, in default of payment of fine to further undergo 4 months simple imprisonment
u/s 307/149 One years rigorous imprisonment IPC. and a fine of Rs. 500/-, in default of payment of fine to further undergo 3 months simple imprisonment.
2. The incident in this case is said to have taken place on 8-5-79 at about 8—9 p. m. and the report of the occurrence was lodged by Patram father of the deceased Kartar on that very night at about 4 a.m. at the police station Bhirani District Sri-Ganganagar. It is said that the accused-persons Nihalsingh
