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2025 Supreme(Raj) 324

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
JUSTICE DINESH MEHTA, J
Jasnath Swami S/o Bhomnath – Appellant
Versus
Bheeknath S/o Bhanwar Nath – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Anil Gupta Mr. Mrinal Khatri
For the Respondent: Mr. Hanuman Prajapat, PP Mr. Pradeep Choudhary

Judgment :

1. The present appeals have been preferred under section 372 r/w section 378 of Code of Criminal Procedure, 1973 (hereinafter referred to as ‘ Cr.P.C .’) by the appellant – complainant so also by the State against the judgment and order dated 09.12.2014 passed by the learned Additional Sessions Judge No.2, Jodhpur Metropolitan, Jodhpur (hereinafter referred to as ‘the trial court’), whereby the accused – persons namely Bhiknath, Bhanwar Nath and Vari Devi have been acquitted of the charges under section 306 of the Indian Penal Code, 1860 (hereinafter referred to as ‘I.P.C.’) levelled against them.

2. Learned counsel for the appellant at the outset submitted that accused Bhanwar Nath (respondent No.2) has since passed away and the appeal against him has therefore, been abated. Ordered accordingly.

3. The facts appertain are that on 01.01.2006 one Dinesh @ Bhupendra Nath has committed suicide by hanging himself with a rope tied to the fan in his room.

4. Initially, the competent authority looked into the matter under section 174 Cr.P.C .; an inquest was issued however, no FIR was registered though a written complaint was submitted by the father of the deceased on 02.01.2006. T

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