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2025 DAILYLAW 39811 (RAJ)

BANWARI SON OF MANGILAL v. STATE OF RAJASTHAN

CRLAS/1116/2025 · 2025-10-13

Sameer Jain

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:41658] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2281/2025 Golu @ Ramlaxman S/o Ramdutt, R/o Daglawda, Police Station Taleda, District Bundi (Raj.) (At Present Confined At District Jail Bundi) ----Appellant Versus 1. State Of Rajasthan, Through P.P. 2. Lalit Sharma S/o Foolchand, Aged About 26 Years, R/o Paramnagar Pratham Udhyognagar, Kota City, Rajasthan ----Respondents Connected With S.B. Criminal Appeal (Sb) No. 1116/2025 Banwari Son Of Mangilal, Resident Of Village Jhunwasa Police Station Raithal District Bundi (Rajasthan) (At Present Confined In Sub Jail Bundi District Bundi ----Appellant Versus 1. State Of Rajasthan, Through PP 2. Lalit Sharma Son Of Phoolchand, Resident Of Prem Nagar First, Near Star Public School Police Station Udyog Nagar, Kota City District Kota ----Respondents S.B. Criminal Appeal (Sb) No. 2282/2025 1. Golu S/o Laxminarayan, R/o Bal Ka Jhopda Police Station Dablana, District Bundi (Raj.) (At Present Accused Confined In District Jail Bundi) 2. Omprakash S/o Devlal, R/o Radhpur Rain, Police Station Dablana, District Bundi (Raj.) (At Present Accused Confined In District Jail Bundi) 3. Ankit S/o Hemraj, R/o Jharbalapura, Police Station Sadar, District Bundi (Raj) (At Present Accused Confined In District Jail Bundi) 4. Rajendra S/o Govind, R/o Samandpura, Tehsil K. Patan, At Present Tenant House Rajendra Nathawat Matunda Choraha, Police Station Sadar, Disrict Bundi (Raj.) (At [2025:RJ-JP:41658] (2 of 3) [CRLAS-2281/2025] Present Accused Confined In District Jail Bundi) ----Appellants Versus 1. State Of Rajasthan, Through The P.p. 2. Lalit Sharma S/o Foolchand, Aged About 26 Years, R/o Paramnagar Pratham Udhyognagar, Kota City, Rajasthan ----Respondents For Appellant(s) : Ms. Harshit Sharma, Adv.for Dr. Mahesh Sharma, Adv. Mr. Nitin Jain, Adv. For State For Complainant : : Ms. Arti Sharma, PP with Mr. Rhishi Raj Singh Rathore, PP Mr. Anirudh Singh Mr. Pawan Kumar Verma, Adv. HON'BLE MR. JUSTICE SAMEER JAIN Order 13/10/2025 1. These appeals have been filed under Section 14A(2) SC/ST (Prevention Of Atrocities) Act on behalf of the appellants, who are in custody in connection with FIR No. 94/2025, registered at Police Station Sadar Bundi, District Bundi for the offences under Sections 103(1), 115(2), 126(2), 189(2) of BNS and 3(2)(V) of SC/ST (Prevention Of Atrocities) Act. 2. Learned counsel for the appellants submitted that the appellant, Banwari, is the owner of alleged restaurant/hotel. It is further submitted that physical altercation had occurred inter-se the appellants and the victims (four in number) due to financial transaction, which has resulted in death of one victim. It is further submitted that the appellants have been in custody since March- April 2025. It is also submitted that the charge-sheet has been [2025:RJ-JP:41658] (3 of 3) [CRLAS-2281/2025] filed and trial is likely to take to conclude. It is also submitted that the distance from the hospital to the restaurant is approximately 40 kilometers and the victims were intoxicated. 3. Per contra, learned Public Prosecutor and counsel for the complainant opposed these appeals and have submitted that the altercation resulted in life-threatening injuries and one of the victims (Nitin) has died on the same day. It is further submitted that the allegations are of heinous nature. Further, there are criminal antecedents registered against Banwari, who is claimed to be the owner of the restaurant. 4. Heard and considered the matter. 5. Considering the submissions made by the learned counsel for the parties and considering the fact that allegations are of heinous nature; that due to the quarrel, death has occurred; that injuries are sustained by the victims; that criminal antecedent are registered against the Banwari, who is stated to be owner of the restaurant, therefore, looking to the overall facts and circumstances and material available on record, but without commenting anything on merit/demerit of the case, this Court is not inclined to entertain these appeals. 6. Accordingly, present appeals are dismissed. 7. A copy of this order be placed in connected file. (SAMEER JAIN),J CHANDAN /236-238