State vs Kannath And Ors. ...
2023 Latest Caselaw 3978 Raj

[2023/RJJD/013225]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 564/2017

State Of Rajasthan

----Appellant Versus

1. Kannath Son Of Poonam Nath, By Caste Kalbeliya, Resident Of Sindhari, Tehsil Gudamalani, District Barmer.

2. Ramnath Son Of Mangu Nath, By Caste Kalbeliya, Resident Of Sindhari, Tehsil Gudamalani, District Barmer.

3. Deepnath Son Of Ramnath, By Caste Kalbeliya, Resident Of Sindhari, Tehsil Gudamalani, District Barmer.

----Respondents

For Appellant(s) : Mr. Gourav Singh, AGA For Respondent(s) : Mr. Sajjan Singh

HON'BLE MR. JUSTICE FARJAND ALI

Order

03/05/2023

1. In a prosecution for committing offence under Sections 459,

326/34, 323 or 323/34 and 379 of the IPC as well under

Section 4/25 of Arms Act, the learned trial Judge after

meticulous examination of the evidence adduced at the

instance of the prosecution has acquitted the accused from

the charges by giving benefit of doubt.

2. The allegations of committing house breaking, inflicting

injuries, grievous injuries and other things are available on

record, therefore, it is felt apt to reappreciate the evidence.

Thus, there appears reasonable grounds to allow the

petitioner to prefer an appeal against the impugned

judgment.

[2023/RJJD/013225] (2 of 2) [CRLLA-564/2017]

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 26-Ashutosh/-

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