Rajasthan High Court - Jodhpur
Gordhanram vs State Of Rajasthan (2025:Rj-Jd:270) on 3 January, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:270]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 7512/2024
Gordhanram S/o Shri Dhunkalram, Aged About 63 Years, Village
Satheran, Satheran, Ps Shri Balaji, Distt. Nagaur.
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Rameshwarlal S/o Praladram, Village Satheran, Satheran,
Ps Shri Balaji, Distt. Nagaur.
3. Nanuram S/o Mallaram, Village Satheran, Satheran, Ps
Shri Balaji, Distt. Nagaur.
4. Jiskaram S/o Dhunkalram, Village Satheran, Satheran, Ps
Shri Balaji, Distt. Nagaur.
5. Maniram S/o Bhajuram, Village Satheran, Satheran, Ps
Shri Balaji, Distt. Nagaur.
6. Harnam S/o Mallaram, Village Satheran, Satheran, Ps Shri
Balaji, Distt. Nagaur.
7. Brujlal S/o Mallaram, Village Satheran, Satheran, Ps Shri
Balaji, Distt. Nagaur.
8. Sanwarlal S/o Dhunkalram, Village Satheran, Satheran,
Ps Shri Balaji, Distt. Nagaur.
9. Ranjeetram S/o Bhajuram, Village Satheran, Satheran, Ps
Shri Balaji, Distt. Nagaur.
10. Ramswaroop @ Punamchand S/o Sanwarlal, Village
Satheran, Satheran, Ps Shri Balaji, Distt. Nagaur.
11. Gomdram S/o Dhunkalram, Village Satheran, Satheran,
Ps Shri Balaji, Distt. Nagaur.
12. Suresh Kumar @ Bajrang S/o Gordhanram, Village
Satheran, Satheran, Ps Shri Balaji, Distt. Nagaur.
13. Hanumanram S/o Prahladram, Village Satheran,
Satheran, Ps Shri Balaji, Distt. Nagaur.
----Respondents
For Petitioner(s) : Mr. Piyush Chouhan
For Respondent(s) : Shri Ram Choudhary, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order 03/01/2025
1. Heard the learned counsel for the parties and gone through the order under challenge dated 04.10.2024 passed by the learned Additional Sessions Judge No.2, Nagaur in Criminal Appeal (Downloaded on 07/01/2025 at 09:29:00 PM) [2025:RJ-JD:270] (2 of 2) [CRLMP-7512/2024] No.60/2014 whereby the application filed by the petitioner under Section 391 of Cr.P.C. has been rejected.
2. The petitioner was tried and ultimately convicted and sentenced. The trial continued for a long and the petitioner was given full opportunity to adduce evidence in his defence but he did not avail so. He moved an application under Section 391 of Cr.P.C. before the Court of Appeal during the hearing of the appeal seeking prayer for summoning a witness in his defence which came to be rejected by the learned Court of Appeal vide order dated 04.10.2024. A perusal of the order above revealing that Ex.- D/6 (the entry mentioned in daily Rojnamcha) has already been exhibited and tendered into evidence. The petitioner wants to call for the Constable as a witness to assert the fact that he was not present at the crime scene at the relevant point of time. The learned Court below has considered the issue and observed that there was no ground to entertain the application and dismissed the same. The order under assail is well reasoned order and this Court sees no reason for interference.
3. In this view of the matter, the instant misc. petition as well as stay petition is dismissed.
(FARJAND ALI),J 34-divya/-
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