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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
SHREE CHANDRASHEKHAR, J., CHANDRA SHEKHAR SHARMA, J.
State of Rajasthan – Appellant
Versus
Durga Ram S/o Shri Chhigna Ram – Respondent
JUDGMENT :
1. Mr. Rajesh Bhati, the learned Public Prosecutor states that Durga Ram passed away during pendency of the present Acquittal Appeal and, in support thereof, he tenders a copy of the report dated 18th October 2024 which is taken on record.
2. The Acquittal Appeal and the Revision Petition have been filed to challenge the judgment dated 05th October 2007 passed in Sessions Case No.03/2007 (59/2006) by which Durga Ram was acquitted of the charges framed under section 302 of the Indian Penal Code and section 27 of the Arms Act and his father Chhigna Ram was acquitted of the charges framed under section 302 read with section 109 of the Indian Penal Code.
3. On the basis of a written report given by the informant Ganpat Ram on 16th September 2006, a crime was registered vide First Information Report No.119/2006 at Pilwa P.S. According to the informant, Durga Ram, Chhigna Ram and Dharma Ram who were carrying lathi and gun threatened to kill Vishram whereupon he tried to flee away towards his house. However, Durga Ram fired shot at Vishram when he was trying to enter into the house and Durga Ram also fired on the informant.
4. In the trial, the prosecution examined nineteen witness
The prosecution must prove its case beyond reasonable doubt, and significant contradictions in witness statements undermine the credibility of the evidence presented.
The presumption of innocence is paramount in criminal trials; an acquittal should only be overturned if the prosecution proves guilt beyond reasonable doubt, which was not demonstrated in this case.
The distinction between intention and motive is crucial in determining the nature of the offence, and the duty to separate evidence for each accused is essential in criminal cases.
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