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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
SHREE CHANDRASHEKHAR, CHANDRA SHEKHAR SHARMA, JJ.
State of Rajasthan – Appellant
Versus
Rahman Khan – Respondent
ORDER :
1. Criminal Appeal 541 of 1996 has been filed by the State of Rajasthan to challenge acquittal of Sattar Khan and Mumtaj Khan recorded in Sessions Case No. 11 of 1995.
2. Babu Khan @ Salim, who is the informant, had filed Criminal Revision No.307 of 1996 which was later on converted into Criminal Appeal No. 277 of 2024. He has also challenged the judgment dated 10th July 1996 passed in Sessions Case No.11 of 1995 for two reasons viz (i) to challenge the acquittal of Sattar Khan and Mumtaj Khan and (ii) to challenge conviction of Rahman Khan for a lesser offence and not under section 302 of Indian Penal Code.
3. Rahman Khan is also aggrieved by the judgment of conviction under section 304 Part-I of the Indian Penal Code and award of sentence of rigorous imprisonment for seven years and a fine of Rs.10,000/-. He had filed S.B. Criminal Appeal No.351 of 1996 which has been tagged along with the aforementioned two cases and are heard together.
4. On the basis of Parcha Bayan of Babu Khan @ Salim given around 3:50 PM on 23rd November 1994, a crime was registered vide FIR no. 262 of 1994 under sections 302, 307, 324, 341, 323 read with section 34 of the Indian Penal Code and a charge
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