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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
FARJAND ALI
Mahaveer Singh S/o Amar Singh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
FARJAND ALI, J.
1. These two appeals arise out of the same judgment dated 04.08.1993 passed by the learend Sessions Judge, Jalore in Sessions Case No.3/1990, whereby accused Pooran Singh, Jaswant Singh, Balveer Singh, Shambhoo Singh, Mahaveer Singh and Bhanwar Singh have been acquitted from the charges under Sections 148 and 307 read with section 149 of the IPC , however, accused Mahaveer Singh, Balveer Singh and Shambhoo singh have been convicted for the offence under Section 324 of the and each of them has been sentenced to undergo rigorous imprisonment of three months and to pay a fine of Rs.100/- and in default of payment of fine, they would have to undergo simploe imprisonment of 15 days.
2. While Appeal No.287/1993 has been preferred by the appellants Mahaveer Singh, Shambhoo Singh and Balveer Singh being aggrieved by their conviction and sentence for the offence under Section 324 of the IPC , the State Appeal bearing No.512/1993 has been preferred against acquittal of the accused persons from the charges under Sections 148 and 307 read with section 149 of the .
3. On 17.07.2025, when the matter was listed before the court, no one appeared on behalf of the accuse
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The conviction under Section 324 IPC was affirmed, but the sentence was reduced to the time already served, acknowledging the appellant's age and absence of prior offenses.
Murder and rioting – Sans unlawful assembly case of each accused has to be considered according to his individual act.
The aim of Section 360 Cr.P.C. and Sections 3 and 4 of Probation of Offenders Act is to prevent offenders from being committed to jail, serving the dual purpose of deterrence and reformation.
For conviction under Section 34 IPC, there must be evidence of common intention and active participation; mere presence is insufficient.
The appellate court cannot overturn an acquittal unless it finds a clear error or illegality in the trial court's judgment.
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