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2025 Supreme(Raj) 2008

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, CHANDRA SHEKHAR SHARMA
State of Rajasthan – Appellant
Versus
Siyaram S/o Koja Ram – Respondent


Advocates Appeared:
For the Appellant : Ramesh Dewasi
For the Respondent: Anita Gehlot

JUDGMENT :

PUSHPENDRA SINGH BHATI, J.

1. In the instant criminal appeal, the appellant-State has challenged the judgment of acquittal dated 14.11.2003 passed by the learned Additional Sessions Judge (Fast Track), Nagaur (‘Trial Court’) in Sessions Case No. 37/03 (45/02) (State of Rajasthan Vs. Siyaram & Ors.), whereby the accused-respondents herein were acquitted of the charges against them under Sections 147 , 148, 447, 323, 324 IPC, in alternative, Sections 324 /149, 326 IPC, in alternative 326/149, 307 IPC, in alternative, Sections 307/149 & 302 IPC, in alternative, Section 302/149 IPC, while extending them the benefit of doubt.

2. The matter pertains to an incident which had occurred in the year 2002 and the present appeal has been pending since the year 2004.

3. Brief facts of this case, as placed before this Court by the learned Public Prosecutor appearing on behalf the appellant-State, are that on 17.08.2002, at around 10:30 a.m., one Jairam (complainant) submitted a written report before the Police Station, Kuchera, alleging therein that on the said date, at around 8:00 a.m., Koja Ram, Siyaram, Bhundaram, Manaram, Manchilal, Birju & others, armed with weapons, went to the fiel

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