JUDGMENT

D.B.Cr. Appeal No.372[1996 State of Rajasthan Vs. Shaitan Singh ..

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Date of judgment ~g%arch,2016 HON'BLE MR. JUSTICE GOPAL KRISHAN WAS HON'BLE Ms. JUSTICE JAISHREE THAKUR Mr. IPS Choudhary, Public Prasecutor.

Mr. Suresh Kumhhat, for the respondent.

Bv the Court [Per Honlble Mr. Justice G.K. Vyas):

In this cr. appeal filed under Section 378(iii) and (i)

of the Cr.P.C. the State of Rajasthan is challenging the validity of the judgment dated 31.7.1995 passed by the Add[. Sessions Judge, Bali in Cr. Case No.21/1992 by which the learned trial court acquitted the respondent Shaitan Singh from the charge levelled against him under Section

3Q2 IPC.

As per brief facts of the case a written complaint (Ex.P/S) was filed by the complainant Narpat singh PW-9 at Police Station Bali, District Pali in which it was alleged that today an 11.12.1991 at about 8.30 pm my younger brother Tej Singh came at home while taking maize grass and put behind the house, at that time, respondent Shaitan Singh came there and gave 2-3 slaps by hand to him and asked why you have put this maize grass here. At that time, the complainant immediately went near Tej Singh and asked him to go hame and after conueniencing