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2025 Supreme(Raj) 2028

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, SANDEEP SHAH
State of Rajasthan – Appellant
Versus
Bheru Singh s/o Gopal Singh, r/o Raisinghpura, P.S. Mandalgarh, District Bhilwara (Raj.) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. C.S. Ojha, PP
For the Respondent: Mr. R.S. Chundawat

Judgment :

Dr. Pushpendra Singh Bhati, J.

1. In the instant criminal appeal, the appellant-State has challenged the judgment of acquittal dated 24.11.2012 passed by the learned Additional Sessions Judge, Women Atrocities Cases, Bhilwara (‘Trial Court’) in Sessions Case No.65/2005 (State of Rajasthan Vs. Bheru Singh), whereby the accused-respondent herein was acquitted of the charges against him under Sections 498A & 302/306 IPC.

2. The matter pertains to an incident which had occurred in the year 2005 and the present appeal has been pending since the year 2013.

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 12.05.2005, one Devi Singh (complainant) submitted a written report (Ex.P.4) before the Aarakshi Kendra (Reserve Centre), Mandalgarh, District Bhilwara alleging therein that one Hemkanwar, wife of the accused-respondent was often being subjected to abuse at the hands of the accused-respondent in drunken state, who was also complainant’s paternal aunt’s son (cousin). It was further alleged that on 11.05.2005 at around 5:00 p.m., the accused-respondent, with an intention to kill Hemkanwar,

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