State v. Chotu
Case brief
What is this about?
In a criminal appeal filed by the State against an order of acquittal, the High Court noted principles regarding appellate interference with acquittals. Finding the trial court's reasons cogent and the prosecution failed to prove the case, the Court dismissed the appeal upholding the acquittal.
What did the court decide?
The criminal appeal filed by the State is dismissed, confirming the judgment of acquittal of the accused respondents.
What the court decided
1
S.B. Criminal Appeal No.349/1994 (The State of Rajasthan Versus Chotu & Ors.)
Date of Judgment :: 15th July, 2015 HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA
Dr. R.S. Shekhawat, PP for the State Mr. Vipul Jaiman, counsel for the accused respondents.
This criminal appeal has been filed by the State against the Judgment and order dated 12.10.1993 passed by Addl. District & Sessions Judge, Khetri, Rajasthan in Sessions Case No. (14/1992) 36/1993, whereby he acquitted the accused respondents Chotu S/o Devaram, Mahendra @ Shiv Kumar s/o Chotu Ram and Ratni D/o Fataram for the offence under Sections 447, 307 readwith Section 34 IPC and acquitted accused Mohan S/o Fataram for the offence under Sections 447 and 307 IPC.
Brief facts of the case are as
under:-
“On 15.10.1991, Satya Narain gave a Parcha Bayan to SHO, Police Station, Khetri. On the basis of said Parcha bayan, a case was registered for the offence under Sections 341, 307 IPC and investigation was commenced. After completion of investigation, the police filed the challan before the Magistrate concerned, from where the case was committed to the Court of Sessions for trial. The trial
Issues for consideration
2 issues framed by the court
Whether the High Court can interfere with the order of acquittal passed by the trial court on appeal filed by the State.
Whether the prosecution proved its case beyond all reasonable doubts against the accused respondents.
Parties & counsel
- appellant
State of Rajasthan
- respondent
Chotu S/o Devaram
- respondent
Mahendra @ Shiv Kumar s/o Chotu Ram
- respondent
Ratni D/o Fataram
- respondent
Mohan S/o Fataram
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · July
- Registered
- Case no.
- CRLA/349/1994
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