Sameer Khan vs State
2021 Latest Caselaw 7578 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

D.B. Criminal Appeal No. 211/2019

Chunni Devi

----Appellant Versus State

----Respondent Connected With D.B. Criminal Appeal (Sb) No. 989/2019 Sameer Khan

----Appellant Versus State

----Respondent

For Appellant(s) : Mr. Nishant Motsara For Respondent(s) : Mr. Farzand Ali, GA-cum-AAG with Mr. B.R. Bishnoi, AGC Mr. Swaroop Singh, for the

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

17/03/2021

D.B. Criminal Appeal No. 211/2019:

Heard. Perused the material available on record.

The respondent Nos. 4 and 5, Aasif @ Prabhari @ Tipu and

Sahazad @ Dhoni were not named in the parchabayan of the

deceased Surendra Rathi (Ex.P/14). The trial Court, after

appreciating the evidence available on record came to the

conclusion that there is no evidence to connect these accused with

the alleged offences. After examining the record, we are of the

opinion that the findings so recorded in the impugned judgment

(2 of 2) [CRLAD-211/2019]

qua the respondent Nos.4 and 5 are absolutely germane and

based on an appropos appreciation of evidence available on

record. However, the appellant-complainant has an arguable case

regarding acquittal of the respondent Nos. 2 and 3 from the

charge under Section 302 of IPC. Thus, the appeal is dismissed to

the extent of respondent Nos. 4 and 5 and is admitted qua the

respondent Nos. 2 and 3. Note to this effect be appended in the

cause title in seven days. Shri Swaroop Singh, Advocate

represents the respondent Nos. 2 and 3 who have already filed

bail and bonds in the S.B. Criminal Appeal No. 989/2019.

Office to proceed.

List along with D.B. Criminal Appeal (SB) No. 989/2019.

(DEVENDRA KACHHAWAHA),J (SANDEEP MEHTA),J

62-63-Arvind/-

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