Partly allowed

Prem W/O Late Shri Gopal Raigar v. Jansilal S/O Suvalal

Rajasthan HC5 Jul 2023CRLAS/1528/2019

Case brief

AI extract

What is this about?

The High Court condoned a delay in filing a criminal leave to appeal for the State regarding an injury charge. The court also granted liberty to the complainant to assist in both appeals and subsequently dismissed the complainant's appeal as withdrawn.

What did the court decide?

Delay in filing appeal condoned; leave to appeal granted with notice; complainant's appeal dismissed as withdrawn with liberty to assist the State in both appeals.

Prem W/O Late Shri Gopal Raigar Vs Jansilal… — Murder and Culpable Homicide | Rajasthan HC (2023)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Leave To Appeal No. 501/2019

¶3

State Of Rajasthan, Through P.p.

¶4

----Appellant

¶5

Versus

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Jansilal S/o Suvalal & Ors.

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----Respondents

¶8

Connected With

¶9

S.B. Criminal Appeal (Sb) No. 1528/2019

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Prem W/o Late Shri Gopal Raigar, R/o Naya Padhana, Tehsil Khatupura, P.s. Man Town, Sawaimadhopur Distt. Sawaimadhopur.

¶11

----Appellant

¶12

Versus

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Jansilal S/o Suvalal, R/o Naya Padhana, Tehsil Khatupura, P.s. Man Town, Sawaimadhopur Distt. Sawaimadhopur.

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Laddulal S/o Suvalal, R/o Naya Padhana, Tehsil Khatupura, P.s. Man Town, Sawaimadhopur Distt. Sawaimadhopur.

¶15

Phoolchand S/o Suvalal, R/o Naya Padhana, Tehsil Khatupura, P.s. Man Town, Sawaimadhopur Distt. Sawaimadhopur.

¶16

Manoj Kumar S/o Jansilal, R/o Naya Padhana, Tehsil Khatupura, P.s. Man Town, Sawaimadhopur Distt. Sawaimadhopur.

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Meera Devi W/o Phoolchand, R/o Naya Padhana, Tehsil Khatupura, P.s. Man Town, Sawaimadhopur Distt. Sawaimadhopur.

¶18

State Of Rajasthan, Through P.P.

¶19

----Respondents

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For Appellant(s) : Mr. Atul Sharma, PP Mr. L.M. Bharadwaj For Respondent(s) :

¶21

HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

[CRLLA-501/2019]

(2 of 3)

Order

05/07/2023

In criminal leave to appeal, office has pointed out a delay of 173 days and to substantiate the reasons of delay, an application under Section 5 of Limitation Act is filed.

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For the reasons mentioned in the application, same is allowed and delay is condoned.

¶28

Misc. application stands disposed of.

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Present leave to appeal is preferred aggrieved from order dated 01.02.2019 whereby respondent No.1 to 5 were acquitted from charge under Sections 307 and 324 IPC alternatively 307/149 and 324/149 IPC.

¶30

By this very same judgment, these respondents/accused were convicted under Sections 148, 341, 323 and 325 IPC. Complainant-injured Smt. Prem has also preferred criminal appeal No. 1528/2019 under the provisions to Section 372 Cr.P.C. Further a S.B. Criminal Appeal No. 256/2019 is also preferred by all accused aggrieved from order of conviction and sentence dated 01.02.2019.

¶31

Considered the present leave to appeal preferred by State.

¶32

Heard learned Public Prosecutor and perused the material available on record.

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As per version of State, the grievous injury was caused on vital part of the body of Hari Prasad. He further referred Ex.P-23 (X-ray report) and also opinion expressed by medical jurist wherein it is stated that injury No.1 is grievous in nature and dangerous to life.

¶34

[CRLLA-501/2019]

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(3 of 3)

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Considered the grounds as raised by learned Public Prosecutor.

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Leave granted.

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Issue notice to respondent Nos. 1 to 5, returnable within four weeks.

¶39

Aggrieved from same order, S.B. Criminal Appeal No. 1528/2019 was preferred by complainant and in another matter, leave to appeal, filed by the State, is already granted hereinabove, therefore learned counsel for complainant with the liberty to assist learned Public Prosecutor and also to oppose the version of accused with permission to make submissions, offer to withdraw the criminal appeal No. 1528/2019.

¶40

Considered his request.

¶41

S.B. Criminal Appeal No. 1528/2019 is dismissed as withdrawn with aforesaid liberty and complainant is free to argue with learned Public Prosecutor in both the appeals.

¶42

List the matter after six weeks along with S.B. Criminal Appeal No. 256/2019.

¶43

(ASHOK KUMAR JAIN),J

¶44

PREETI VALECHA /30-31

Prem W/O Late Shri Gopal Raigar v. Jansilal S/O Suvalal

Case brief

What is this about?

What did the court decide?

Prem W/O Late Shri Gopal Raigar v. Jansilal S/O Suvalal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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