STATE OF RAJASTHAN Vs. CHATURBHUJ SHARMA AND ANOTHER

JUDGEMENT

(1.) This revision petition has been filed by the prosecution against the dated 26.5.2007, whereby the learned Trial Court has discharged the accused non - petitioners for the charges levelled against them.

(2.) It is an admitted case of the prosecution that the non - petitioners Chaturbhuj Sharma and Raghu Raj Singh are the co - conspirators with the accused Ranjeet Singh. Ranjeet Singh is said to have raised the demand and he had accepted the amount. Accused Chathurbhuj Sharma was called upon by Ranjeet Singh and repaid the amount of Rs. 600.00 which in turn exchanged by Chaturbhuj Sharma with accused Raghu Raj Singh.

(3.) The learned Trial Court. from the material on record, held that it is not clearly mentioned by the prosecution that there was common object or common purpose of the three accused, namely deceased Ranjeet Singh. Chaturbhuj Sharma and Raghu Raj Singh was to obtain bribe/illegal gratification other than legal remuneration from the complainant. Therefore. it was held that prima facie there was no material to proceed against the non - petitioners as they cannot be held to have hatched any conspiracy prior to trap or post trap to help the "deceased" Ranjeet Singh.