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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, SUNIL BENIWAL
State of Rajasthan – Appellant
Versus
Kishan Singh s/o Padam Singh – Respondent
Judgment :
Dr. Pushpendra Singh Bhati, J:
1. In the instant criminal appeal, the appellant-State has challenged the judgment dated 20.09.1996 passed by the learned District & Sessions Judge, Pratapgarh (‘Trial Court’) in Sessions Case No.105/1990 (State of Rajasthan Vs. Shri Kishan Singh & Ors.), whereby, accused-respondents - No.1-Kishan Singh, No.2- Devi Singh & No.4-Ladkanwar were acquitted of the charges against them under Sections 148 , 302, 302/149 & 323 IPC; accused respondent No.3-Narwar Singh was acquitted of the charges against him under Sections 148 , 302 IPC, in alternative, Section 302 /149 IPC; though accused-Narwar Singh was convicted under Section 323 IPC and sentenced to undergo one year’s rigorous imprisonment alongwith a fine of Rs.1,000/-, in default, to undergo further three years’ rigorous imprisonment. Hence, the appellant-State has challenged the impugned judgment dated 20.09.1996 only to the extent of acquittal part thereof.
2. The matter pertains to an incident which had occurred in the year 1990 and the present appeal has been pending since the year 1998.
2. Brief facts of this case, as placed before this Court by the learned Public Prosecutor appearing on be
In criminal cases, an appellate court can only overturn an acquittal if it finds a clear error in the trial court's evaluation of evidence, not based on potential alternative views.
The acquittal of the accused was upheld due to insufficient evidence and contradictions in eyewitness testimonies, emphasizing the burden of proof on the prosecution.
The appellate court cannot reverse an acquittal merely on the basis of a possible alternative view unless the trial court's decision demonstrates illegality or perversity. Evidence must meet the high....
The court upheld the acquittal of the accused due to insufficient evidence and unreliable eyewitness testimonies, emphasizing the necessity of proving guilt beyond a reasonable doubt.
The acquittal of the accused was upheld due to insufficient evidence and contradictions in witness testimonies, reinforcing the presumption of innocence.
The acquittal of the accused was upheld as the prosecution failed to prove guilt beyond a reasonable doubt, citing insufficient evidence and inconsistencies in witness testimonies.
The presumption of innocence is paramount, and appellate courts must respect trial court findings unless clear errors are demonstrated.
The prosecution must establish the guilt of the accused beyond a reasonable doubt, and the acquittal by the Trial Court was justified due to insufficient evidence.
The presumption of innocence and the burden of proof require that the prosecution must establish intent and sufficient evidence for a murder conviction.
The prosecution must prove guilt beyond reasonable doubt; significant contradictions and lack of evidence necessitate acquittal.
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