Dhanpat Ram vs State Of Rajasthan
2021 Latest Caselaw 17157 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Leave To Appeal No. 461/2019

Dhanpat Ram S/o Shri Jaimal Ram, Aged About 81 Years, By Caste Jai, R/o Jhansal, Tehsil Bhadra, District Hanumangarh (Rajasthan).

----Appellant Versus

1. State of Rajasthan, Through P.P.

2. Lalchand S/o Dayalaram, By Caste Balimiki, R/o Jhansal, Tehsil Bhadra, District Hanumangarh (Raj.).

3. Prithvi Singh S/o Lalchand, Aged About 48 Years, By Caste Balimiki, R/o Jhansal, Tehsil Bhadra, District Hanumangarh (Raj.).

4. Satveer Singh S/o Dharm Singh, Aged About 35 Years, By Caste Meghwal, R/o Ward No. 10 Jhansal, Tehsil Bhadra, District Hanumangarh (Raj.).

5. Hoshiyar Singh S/o Pratap Singh, Aged About 30 Years, By Caste Balimiki, R/o Jhansal, Tehsil Bhadra, District Hanumangarh (Raj.).

6. Bajrang Lal @ Bhajji S/o Liluram, By Caste Meghwal, R/o Dhani Khet Khud Chak 5 Jsl Rohi, Jhansal, Bhadra, District Hanumangarh.

7. Parbhati S/o Lal Chand, Aged About 45 Years, By Caste Balimiki, R/o Jhansal, P.s. Bhirani, District Hanumangarh (Raj.).

8. Bittu S/o Lalchand, Aged About 32 Years, By Caste Balimiki, R/o Jhansal, Tehsil Bhadra, District Hanumangarh (Raj.).

                                                                  ----Respondents


For Appellant(s)           :    Mr. MS Soni
For Respondent(s)          :    Mr. Laxman Solanki, P.P





                                                                            (2 of 2)                 [CRLLA-461/2019]

HON'BLE MR. JUSTICE RAMESHWAR VYAS

Order

16/11/2021

This application seeking leave to appeal has been filed under

Section 378 Cr.P.C against the judgment and order dated

22.08.2019 passed by the learned Additional Chief Judicial

Magistrate, Bhadra, District Hanumangarh in Sessions case No.

32/2015, whereby the accused-respondents were acquitted from

the offences punishable under Sections 452, 436, 147, 341 & 323

IPC.

This appeal has been filed by the complainant for enhancing

the quantum of punishment awarded to the respondents. As per

the proviso of Section 372 Cr.P.C ,complainant has not been given

power to challenge the inadequacy of the sentence but only State

has been given powers under Section 377 Cr.P.C to file the appeal.

Hence this leave to appeal is not maintainable before this

Court and the same is dismissed accordingly.

(RAMESHWAR VYAS),J

68-rahul arya/-

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