Kishan Singh Son Of Shankar vs State Of Rajasthan ...
2024 Latest Caselaw 5875 Raj/2

Rajasthan High Court

Kishan Singh Son Of Shankar vs State Of Rajasthan ... on 20 September, 2024

Bench: Inderjeet Singh, Bhuwan Goyal

[2024:RJ-JP:39893-DB]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

               D.B. Criminal Appeal (Db) No. 148/2024

1.       Kishan Singh Son Of Shankar, Aged About 90 Years,
         (Since Deceased Through Lrs)
2.       Mangati Ram Son Of Kishan Singh, Resident Of Nagla
         Arjun Sabhagar ,bayana Bharatpur (Raj)
3.       Bhuri Singh Son Of Kishan Singh, Resident Of Nagla Arjun
         Dumaria , Bharatpur
4.       Narayan Singh Son Of Kishan Singh, R/o Nagla Arjun
         Samogar Bharatpur
                                                                        ----Appellants
                                       Versus
1.       State Of Rajasthan, Through Its P.p.
2.       Maharaj Singh Son Of Shankar Singh Gurjar, Aged About
         70 Years, Resident Of Nagla Arjun Police Station Bayana
         District Bharatpur Raj.
3.       Banni @ Bane Singh Son Of Shankar Singh Gurjar, Aged
         About 65 Years, Resident Of Nagla Arjun Police Station
         Bayana District Bharatpur Raj.
                                                                      ----Respondents

For Appellant(s)             :     Mr. Arvind Sharma
                                   Mr. Manish Gupta
For Respondent(s)            :     Mr. Vivek Sharma, Addl. G.A. with
                                   Mr. Gaurav Gupta



           HON'BLE MR. JUSTICE INDERJEET SINGH
              HON'BLE MR. JUSTICE BHUWAN GOYAL

                                        Order

20/09/2024

Heard on application (CMCR 473/2024) under Section 5 of

the Limitation Act for condonation of delay in filing the appeal.

Learned counsel for the appellants submits that the

appellants are poor persons and they were not aware of the

[2024:RJ-JP:39893-DB] (2 of 2) [CRLAD-148/2024]

pendency of the matter before the trial Court and when they came

to know about the judgment passed by the learned trial Court

dated 15.02.2018, they applied for the certified copy of the same

in the month of April, 2024 and thereafter without any further

delay they have filed this criminal appeal.

We have perused the application submitted by the applicants

under Section 5 of the Limitation Act as well as the judgment

dated 15.02.2018 passed by the learned trial Court whereby the

learned trial Court acquitted the accused-respondents for the

offences. As per the judgment dated 15.02.2018 passed by the

learned trial Court, the complainants were duly represented by

their counsel, thus it cannot be said that they were not aware

about the pending proceedings before the learned trial Court.

We have also considered the fact that the incident relates to

the year 1985 and we are hearing this application for condonation

of delay in the year 2024 and we have also considered the fact

that the appellants have filed this appeal after delay of 2176 days

for which in our considered view, no sufficient cause has been

mentioned by them in their application under Section 5 of the

Limitation Act.

In that view of the matter, the application under Section 5 of

the Limitation Act is dismissed.

Consequently, the Criminal Appeal also stands dismissed.

                                   (BHUWAN GOYAL),J                                               (INDERJEET SINGH),J

                                   Sudeepak/58









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