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State Of Rajasthan vs Darshan Singh @ Darshan Lal on 21 May, 2012

6. The appellants have mentioned in grounds of appeal that the trial court has committed mistake in holding the alleged occurrence to be a "free fight" and has not considered the case of self defence on behalf of the accused-appellants. The trial Court in cross case Session Trial No. 342 of 1989:State Vs. Darshan Singh son of Dharm Singh under Section 147, 148, 149 and 307 I.P.C. arising out of Crime No. 64A of 1988: State Vs. Darshan Singh and others, Darshan Singh has been convicted and sentenced to undergo four years rigorous imprisonment and amount of Rs. 5,000/- as fine has been imposed on him for offence punishable under Section 307 I.P.C. The trial Court has not extended benefit of doubt to the accused appellant. The incident was occurred in the field of Saheb Singh, whereas learned trial Court has held that it occurred on the Chak road. Learned trial Court has committed mistake in holding that the prosecution has established its case against the accused-appellant for offence punishable under Section 148, 302 and 307 I.P.C. in Crime No. 64 of 1988 in S.T. No. 420 of 1988. The trial Court has observed that the prosecution case is not very clear about the gun shot injury sustained by Pooran Singh, even then the appellant have been convicted. The findings arrived at by the trial Court are perverse and against the evidence on record. The prosecution story is false and fabricated and accused-appellants have falsely been implicated in this crime.
Supreme Court of India Cites 14 - Cited by 179 - B S Chauhan - Full Document
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