STATE OF RAJASTHAN Vs. DEVENDRA @ BABA

JUDGEMENT

(1.) With consent of Counsel for accused and Public Prosecutor, all four appeals have been heard together and would stand decided by this common judgment.

(2.) Record of each case including the impugned judgment, has been scanned and gone through.

(3.) State's Appeal No. 279/1990 filed under Sec. 378 Cr.P.C., arises out of an FIR No. 8/1988 registered at Police Station Roopbas, District Bharatpur on 17/1/1988 for offences under Ss. 395 and 397 IPC in respect of incident of dacoity allegedly committed in the mid night of 16/1/1988-17/1/1988. After investigation, charge-sheet against three accused namely Devendra @ Baba, Amarnath @ Bhagat and Nihal Singh was filed, whereupon Sessions Case No. 52/1988 came to be registered and after trial, all three accused persons have been acquitted of charge for offences under Ss. 395 and 397 IPC extending benefit of doubt vide judgment dtd. 30/6/1989 passed by the Sessions Court of Special Judge, Dacoity Affected Areas, Bharatpur. Hence, against the judgment of acquittal, State has preferred this Criminal Appeal.