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Harbeer Singh Vs. Sheeshpal [20/10/16]

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[Criminal Appeal Nos. 1624-1625 of 2013]. These appeals, by special leave, are directed against the judgment and order dated 25th November, 2011, passed by the High Court of Judicature for Rajasthan, Jaipur Bench, Jaipur, in D.B. Criminal Appeal No.290/1995 and D.B. Criminal Appeal No.375/1995, whereby the High Court has quashed and set aside the conviction of the accused respondents. Criminal Appeal Nos.1624-1625 of 2013 are filed by the son of the deceased and Criminal Appeal Nos.217-218 of 2013 are filed by the State of Rajasthan challenging the acquittal order passed by the High Court. The brief facts of the case as unfolded by the prosecution are as follows: On 21.12.1993, at 7.55 P.M., Bhagwara Ram (PW-8), the brother of the deceased Balbir Singh, gave a written report at P.S. Kotwali Sikar, stating that on 21.12.1993 in the evening at about 6.00 P.M., when his younger brother Balbir (deceased) was returning to his house, two men were standing near the Dhaba of Shankar and he started talking to them.

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