Siya Ram v. Sammander
Case brief
What is this about?
In this criminal appeal against acquittal, the High Court dismissed the appeal. Upholding the trial court's findings, the Court held that the prosecution failed to establish the case against the accused beyond reasonable doubt.
What did the court decide?
Criminal appeal dismissed; acquittal of accused respondents confirmed.
What the court decided
1
S.B. Criminal Appeal No.110/1990 (Siya Ram Versus Samander & Ors.)
Date of Judgment :: 8th May, 2015
HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA
Mr. A.K. Sharma, Sr. Counsel with Mr. Rachit Sharma, counsel for complainant-appellant Mr. Rishi Raj Singh Rathore, Public Prosecutor for State
This criminal appeal has been filed by the complainant-appellant against the Judgment dated 29.4.1989 passed by Additional Sessions Judge No.2, Bharatpur in Sessions Case No. 46/1987, whereby he acquitted the accused respondents no. 1 to 7 for the offence under Sections 147, 447, 448, 380, 323, 323/149, 436 and 436/149 IPC.
Brief facts of the case are as under:-
“On 25.10.1985, complainant appellant filed a complaint in the Court of Munsif and Judicial Magistrate, Weir against the accused respondents. On receipt of the complaint, the Magistrate concerned recorded the statement of the complainant and his witnesses under Section 200 and 202 CrPC and took cognizance of the offence under Section 323 IPC against accused respondent Samander Singh only by his order dated 5.12.1985. Being aggrieved
2
Issues for consideration
2 issues framed by the court
Whether the High Court should interfere with the judgment of acquittal passed by the trial court.
Whether the prosecution failed to prove its case beyond all reasonable doubts against the accused.
Parties & counsel
- appellant
Siyar Ram
- respondent
Samander & Ors.
Coram
Mahesh Chandra Sharma
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · May
- Registered
- Case no.
- CRLA/110/1990
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