State Of Rajasthan vs Jagdish (2025:Rj-Jd:20096-Db)
2025 Latest Caselaw 12249 Raj

Rajasthan High Court - Jodhpur

State Of Rajasthan vs Jagdish (2025:Rj-Jd:20096-Db) on 25 April, 2025

Author: Pushpendra Singh Bhati

Bench: Pushpendra Singh Bhati

[2025:RJ-JD:20096-DB]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
              D.B. Crml Leave To Appeal No. 291/2023

State Of Rajasthan, Trhough Pp
                                                                       ----Appellant
                                       Versus
1.       Jagdish S/o Lakhma Baranda, Aged About 58 Years,
         Resident Of Nichli Sigri Phalla Sitradari, P.S. Phalasiya,
         District Udaipur.
2.       Govindram S/o Jagdish Baranda, Aged About 35 Years,
         Nichli Sigri Phalla Sitradari, Police Station Phalasiya,
         District Udaipur.
                                                                    ----Respondents


For Appellant(s)             :     Mr. Rajesh Bhati, PP.
For Respondent(s)            :     Mr. Pulkit Khandelwal.



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

HON'BLE MR. JUSTICE SANDEEP SHAH

Order

25/04/2025

1. In respect of the merits of Criminal Leave to Appeal, learned

Public Prosecutor submits that on 08.04.2017, an FIR was lodged

concerning an incident, which occurred at 8:00 AM when

witnesses heard a commotion and observed that Jagdish and

Govindram were indulging in violence with their aunt (Bua) Kamla,

grand-father (Dada) Lakma and grand-mother (Dadi) Dhanki. As a

result of the violence, all three victims succumbed to their injuries.

2. Learned counsel representing the accused-respondents

contends that it is a case of incorrect identification of the accused,

and thus, the acquittal order has been rightly passed.

3. After meticulous consideration of the facts and circumstances

of the case, and upon prima facie examination of the case record,

[2025:RJ-JD:20096-DB] (2 of 2) [CRLLA-291/2023]

this Court deems it appropriate to grant leave to appeal against

the judgment dated 18.11.2022 passed by learned Additional

Sessions Judge No.2, Udaipur in Sessions Case No.54/2017.

4. Consequently, the criminal leave to appeal preferred by the

appellant-State under Section 378(iii) & (i) of Cr.P.C. against the

judgment dated 18.11.2022 is hereby allowed. The memo of leave

to appeal shall be treated as an appeal and registered accordingly.

5. Admit.

6. Call for the record.

7. Let bailable warrant in the sum of Rs.25,000/- each be

issued against the accused-respondents.

(SANDEEP SHAH),J (DR.PUSHPENDRA SINGH BHATI),J

29-Zeeshan

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