Oma Ram Nayak vs State And Anr (2023/Rjjd/013231)
2023 Latest Caselaw 3977 Raj

[2023/RJJD/013231]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 154/2018

Oma Ram Nayak S/o Shri Bhaga Ram, By Caste Nayak, Resident Of Village Dhadharwala, Tehsil Phalodi District Jodhpur.

----Appellant Versus

1. The State Of Rajasthan

2. Omdan S/o Chatardan, By Caste Charan, Resident Of Dhadharwala Police Station Chakhu District Jodhpur.

----Respondents

For Appellant(s) : Mr. Yuvraj Singh For Respondent(s) : Mr. Gourav Singh, AGA Mr. Chandrasen Rathore

HON'BLE MR. JUSTICE FARJAND ALI Order

03/05/2023

1. In a prosecution launched at the behest of the petitioner for

accusation of committing an offence under Section 306 of

IPC and Section 3(1)(x), 3(2)(v) under panel provision of

SC/ST (Prevention of Atrocity) Act, the learned trial Court

has acquitted the accused by giving him benefit of doubt.

2. A perusal of the FIR Ex.P-4 and the statement of PW-3 Oma

Ram Nayak persuaded this Court to allow the petitioner to

prefer an appeal against the judgment of acquittal.

3. Accordingly, the instant application seeking leave to appeal

is allowed. The memo of leave to appeal application shall be

treated and registered as an appeal.

4. Office to proceed.

(FARJAND ALI),J 28-Ashutosh/-

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