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HON’BLE MR. JUSTICE SANJEET PUROHIT
Judgment
Per Hon’ble Mr. Manoj Kumar Garg, J.
28/07/2025
Instant criminal appeal under Section 378(3)(1) of Cr.P.C.
has been filed by the State against the judgment dated
30.03.1998, passed by learned Sessions Judge, Sirohi in Sessions
Case No.122/1996, whereby the learned trial court acquitted the
accused-respondents from the offences punishable under Sections
302, 302/34 IPC.
Brief facts necessary to be noted for deciding the controversy
are that on 23.05.1996, upon receiving information from the
Government Hospital, Sirohi, Shri Vishnulal, SHO, Sirohi (PW-25)
reached there and recorded the statement of Mobtaram as
[2025:RJ-JD:33012-DB] (2 of 10) [CRLA-627/1998]
Ex-P/21. Injured Mobtaram stated that on the demise of his
father-in-law, he went to village Joyla. When, Mobtaram was at his
in-laws’ house, his brother-in-law Mangiya offered him milk, but
he refused. Then, his mother-in-law, brother-in-law (sadu) and his
wife Saku, forcibly compelled him to consume the milk. Two days
ago, Mobtaram requested his in-laws to send his wife Saku, upon
which, his brother-in-law Mangiya allegedly slapped him.
Subsequently, his in-law’s purportedly mixed some substance into
the milk and forcibly made him drink it, with the apparent intent
to cause his death. After consuming the milk, he felt dizzy while
traveling by bus towards his native village. Upon reaching Maadar
village, he began to vomit. Thereafter, the Mobtaram’s brother
Chhoga, his mother and nephew Chhagan took him to the
Government hospital in Sirohi. He alleged that his in-laws
attempted to murder him by administering poisoned milk against
his will.
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