Haduman And Ors vs State Of Rajasthan
2022 Latest Caselaw 3540 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 99/1994

Haduman & Ors.

----Appellant Versus State of Rajasthan

----Respondent

For Appellant(s) : Mr. Vikas Bijarnia For Respondent(s) : Mr. Gaurav Singh PP

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

08/03/2022

1. In the wake of instant surge in COVID - 19 cases and spread

of its highly infectious Omicron variant, abundant caution is being

maintained, while hearing the matters in the Court, for the safety

of all concerned.

2. This criminal appeal under Section 374(3) Cr.P.C. has been

preferred against the judgment dated 11.02.1994 passed by the

learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases,

Jodhpur in Sessions Case No.121/93, convicting the accused-

appellants for the offences under Sections 148, 332, 333/149 &

353 IPC.

3. As the record of the case would reveal, the matter pertains

to the year 1993-94. The criminal proceedings in question were

initiated against the accused-appellants on the ground that they

prevented the concerned police team from discharging their

official duties, apart from indulging in altercation and fight with

the police team.

(2 of 2) [CRLA-99/1994]

4. Heard learned counsel for the parties as well as perused the

record of the case.

5. Though the present case pertains to the obstruction, as

created by the accused-appellants herein, while the police team

was discharging its official function, but the criminal proceedings

in question have been launched against the accused-appellants

way back in the year 1993-94, and that the accused-appellants

are not habitual offenders. The record of the case reveals that at

the relevant time, apart from the present accused/appellants,

other persons, armed with lathi and stones, were also present at

the crime scene; the same, prima facie, leaves a room for doubt,

as to identification and culpability of the present accused-

appellants in the crime in question. This Court is thus, inclined to

allow the present appeal, while also taking into consideration the

overall facts and circumstances of the case.

6. Resultantly, the present appeal is allowed. The conviction of

the appellants as recorded vide judgment dated 11.02.1994

passed by the learned Special Judge, SC/ST (Prevention of

Atrocities) Act Cases, Jodhpur in Sessions Case No.121/1993 is

set aside. The appellants are acquitted of the charges levelled

against them; they need not surrender. The appellants are on bail.

Their bail bonds stand discharged accordingly. All pending

applications stand disposed of. Record of the learned court below

be sent back forthwith.

(DR.PUSHPENDRA SINGH BHATI),J 93-SKant/-

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