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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

O R D E R

D.B. CRIMINAL LEAVE TO APPEAL NO.221/2013

State of Rajasthan

Versus

Gehri Lal & Ors.

Date of Order :: 29.11.2013

PRESENT

HON'BLE MR. JUSTICE GOVIND MATHUR

HON'BLE MR. JUSTICE BANWARI LAL SHARMA

Mr. K.R. Bishnoi – Public Prosecutor

BY THE COURT :

By this application, leave is sought to challenge the

judgment dated 21.06.2013 passed by learned Additional

Sessions Judge, Rajsamand acquitting respondents Gehri Lal,

Dinesh S/o Mohan Lal and Dinesh S/o Tulsi Ram from the

charge relating to commission of offences punishable under

Section 394, 397, 398, 460, 302 and 302/34 IPC.

It is submitted by learned Public Prosecutor that at

the instance of accused-respondents certain valuable articles

were recovered and no explanation with regard to those was

given and as such, that is evidence reliable to record the

conviction, but the trial court failed to appreciate this aspect

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of the matter in correct perspective.

We have examined the judgment impugned. The

incident in question is dated 06.11.2010. At the instance of

accused Gehri Lal, a sambal and a silver coin were recovered

after lapse of about