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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, SANDEEP TANEJA
Baluram, s/o. Shri Laduram – Appellant
Versus
State Of Rajasthan – Respondent
judgment :
Pushpendra Singh Bhati, J.
1. This Criminal appeal under Section 374 , Cr.P.C., against the judgment dated 16.03.1993 and the order of sentence dated 20.03.1993 passed by learned Special Judge, SC/St (Prevention of Atrocities) Act, 1989 Jodhpur in Sessions Case No. 5/92, whereby the accused-appellants have been convicted and sentenced as below:
Accused-appellant Durgasingh and Mahendrasingh:
| Offence under Section(s) | Sentence(s) | Fine(s) |
|---|---|---|
| 3(2)(iv) of SC/ST(prevention of | Life Imprisonment | Rs 500/- each, in default of payment of |
| Atrocities) Act | fine to further undergo 1 month Rigorous Imprisonment. | |
| Section 452 IPC | 6 months Rigorous Imprisonment | Rs 500/- each, in default of payment of fine to further undergo 15 days Rigorous Imprisonment. |
Accused-appellant Balaram, and Motiram:
| Offence under Section(s) | Sentence(s) | Fine(s) |
|---|---|---|
| Section 436 IPC | 5 years Rigorous Imprisonment | Rs 500/- each, in default of payment of fine to further undergo 1 month Rigorous Imprisonment. |
| Section 452 IPC | 6 months Rigorous Imprisonment | Rs 500/- each, in default of payment of fine to further undergo 15 days Rigorous Imprisonment. |
Accused-appellant Durgasingh, Mahendrasingh, Balaram, and Motiram:
| Offence under | Section(s) | Sentence(s) | F |
|---|---|---|---|
The prosecution failed to prove the accused's guilt beyond reasonable doubt due to delays, inconsistencies, lack of corroboration, and an unaddressed alibi, necessitating their acquittal.
Murder – Conviction on the basis of conjectures and surmises is fatal for justice and fairness.
Delay in FIR and pre-FIR inquest not vitiating trial absent prejudice; reliable natural witness testimony, corroborated by medical/weapon evidence, suffices for murder conviction despite inconclusive....
Appellate court should not interfere with reasonable acquittal view despite alternate possibility, factoring FIR delay, night identification doubts, intoxication-enabled fall injuries, strained relat....
Point of law : Murder /Attempt to Murder - Conviction set aside – Delay in filing FIR - unexplained delay in registering the F.I.R. and dispatching the same to the concerned Court, and suppressing tw....
As the medical evidence does not support the manner of assault on the victim. It also lends support to the defence case, such a wound could not be possible looking to the position of the victim & per....
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