Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, SANDEEP SHAH
State of Rajasthan – Appellant
Versus
Vishnu @ Wisanu son of Sh. Khinv Raj – Respondent
| Table of Content |
|---|
| 1. overview of the criminal case and incident facts (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments presented by the prosecution and defense (Para 7 , 8) |
| 3. analysis of witness credibility and contradictions (Para 11 , 12 , 13) |
| 4. principles on appellate review of acquittal (Para 14 , 15 , 17 , 18) |
| 5. final decision and order of the court (Para 20) |
Order :
1. This criminal appeal has been preferred by the appellant-State laying a challenge to the judgment of acquittal dated 09.06.1993 passed by the learned District and Session Judge, District Jodhpur, in Sessions Case No.30/1993 (State of Rajasthan Vs. Vishnu @ Wisanu & Anr.), whereby the accused-respondents were acquitted of the charge under Section 302 of INDIAN PENAL CODE , 1860 (in short, “IPC”).
2. The matter pertains to an incident which had occurred in the year 1992 and the present appeal has been pending since the year 1993.
3. Brief facts of the case, as placed before this Court by learned Public Prosecutor appearing on behalf of the appellant-State, are that the complainant and the accused parties were the residents of a small basti near Chandpol, Jodhpur. On 03.11.1992, late at night Santosh (now deceased) entered the
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
