Maina Devi vs State Of Rajasthan (2024:Rj-Jd:36191)
2024 Latest Caselaw 7575 Raj

Rajasthan High Court - Jodhpur

Maina Devi vs State Of Rajasthan (2024:Rj-Jd:36191) on 2 September, 2024

Author: Birendra Kumar

Bench: Birendra Kumar

[2024:RJ-JD:36191]                     (1 of 2)                      [CRLAS-510/2021]


         HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                          JODHPUR
                 S.B. Criminal Appeal (Sb) No. 510/2021

Maina Devi W/o Late Jagdish Prasad, Aged About 55 Years, By
Caste Prajapat, Resident Of Ward No.31, Aguna Mohalla, School
No.4 Ke Pass, Churu (Rajasthan).
                                                                      ----Appellant
                                      Versus
1.         State Of Rajasthan, Through Pp
2.         Lichhu Ram S/o Adopted S/o Prameshwar Lal Prajapat,
           Ward No.26, Skhekhsariyo Ke Kuwe Ke Pas, Churu
           (Rajasthan).
3.         Sushila Devi W/o Lichhu Ram, Ward No.26, Shekhasariyo
           Ke Kuwe Ke Pas, Churu (Rajasthan).
4.         Banwari Lal Chouhan S/o Muralidhar, Village Khejroli,
           Tehsil Chomu, District Jaipur. Presently Resident Of Plot
           No.11, Ganesh Nagar, 3Rd Murlipura, Jaipur (Rajasthan)
                                                                   ----Respondents


For Appellant(s)              :   Mr. Shambhoo Singh
For Respondent(s)             :   Mr. Urja Ram Kalbi, PP
                                  Mr. Om Prakash Kumawat
                                  Mr. Ashish Kumar for
                                  Mr. Vikas Bijarnia



              HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

02/09/2024

1. Heard the parties.

2. Respondent Nos.2 to 4 faced trial in Regular Criminal Case

No.1290/2012. The trial resulted in conviction vide judgment

dated 13.04.2016 for offences under Sections 420, 120-B and 471

I.P.C.

[2024:RJ-JD:36191] (2 of 2) [CRLAS-510/2021]

3. Appellant-complainant filed Criminal Appeal No.32/2016 for

enhancement of sentence as well as conviction for offence under

Sections 467 and 468 IPC as well, which was dismissed.

4. Respondent Nos.2 to 4 filed Criminal Appeal Nos.62/2016

and 71/2016 against conviction. Their appeal was allowed and

conviction for offence under Sections 420, 120-B and 471 I.P.C.

was set aside.

5. Appellant has filed this appeal under Section 372 Cr.P.C.

against the judgment of learned Appellate Court, which is not

maintainable. Likewise, acquittal recorded by the learned

Appellate Court cannot be challenged in an appeal before this

Court.

6. Hence, the instant Criminal appeal stands dismissed as not

maintainable.

7. Appellant would be at liberty to file appropriate application

before appropriate Court according to law.

(BIRENDRA KUMAR),J 25-deep/-

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