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AMIT SINGH v. THE STATE OF RAJASTHAN

Supreme Court of India | Diary 835/2023

Status

Order

Decided On

2024-11-28

Bench

HON'BLE MR. JUSTICE J.K. MAHESHWARI and HON'BLE MR. JUSTICE RAJESH BINDAL

Petitioner

AMIT SINGH

Respondent

THE STATE OF RAJASTHAN

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Full Judgment Text

1

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NOS. 4860-4861 OF 2024 (Arising out of SLP (Crl.) Nos. 1134-1135 of 2023)

AMIT SINGH … APPELLANT

VERSUS

THE STATE OF RAJASTHAN … RESPONDENT

O R D E R

1. Leave granted.

2. The appellant was made an accused in FIR No. 237 dated

31.07.2003 registered at Bhilwara Police Station, Subhash Nagar,

Rajasthan, along with six other accused persons. He was tried for the

charges under Sections 399, 402 and 307 of the Indian Penal Code,

1860 (IPC) and Sections 3/25 and 4/25 of the Arms Act, 1959 (Arms

Act). The Trial Court convicted him for the charges under Sections

399/402 of the IPC and also under Sections 3/25 of the Arms Act and

directed him to undergo sentence of two years and one year rigorous

imprisonment respectively.

2

3. In appeal, the High Court set aside the conviction for the charges

under Sections 399/402 of the IPC while upholding the conviction for

the charges under Sections 3/25 of the Arms Act. The relevant

portion of the order passed by the High Court is reproduced as under:

“13. Thus, the appeal deserves acceptance in part. The

conviction of the appellants as recorded by the trial

court for the offence under Section 399/402 IPC is

hereby quashed and set aside. The appellants are

acquitted of this charge. However, conviction of the

respective appellants as recorded by the trial court

for the offence under Section 3/25 and 4/...

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