CASE EXPLANATION

OM SINGH AND ANR VS STATE OF RAJASTHAN

IMPORTANT LAWS COVERED IN THE CASE

1. Section 302,499 and 397 of the Indian Penal Code 1860

2. Section 45 and 47 of Indian Evidence Act 1872
3. Section 313 and 293 of Civil Procedure Code 1973

BACKGROUND OF THE CASE

The appeal is arising out of the judgment of the additional sessions judge that convicted the accused
appellants under section 302, 499, 397 of the Indian Penal Code.

FACTS OF THE CASE

Lachihi ram, brother of deceased Ganeshmal submitted a written report at a police station in Pali.
This was based on the statement made by Devichand who found the windows open and the house
articles were lying scattered around. Upon receiving the information the police found the dead body
of Ganeshmal inside the house and registered an FIR. After conducting preliminary investigation
the accused persons Om Singh , Jitendra Singh, and Rajendra Singh were arrested. The trial Court
after going through the material evidence came to the conclusion that the accused persons were
guilty of the crime and sentenced them to imprisonment. Hence the filing of this appeal.

QUESTIONS IN MATTER
1. Whether the accused persons claim of false accusation stands
2. If the appeal can be allowed on merits
3. Whether the accused persons can be released from judicial custody
4. Whether the trial court was correct in convicting the accused persons

JUDGEMENT STATED

The court was able to point out the several faults in the prosecutions case and was not satisfied with
the evidence recovered. Therefore the court allowed the appeals and the judgment of the trial court
was set aside and the accused persons were released from judicial custody.

REFERENCE CASES USED IN JUDGEMENT

1. S. Gopal Reddy vs State Of Andhra Pradesh

2. Magan Bihari Lal vs State of Punjab
3. Fakhruddin vs State of Madhya Pradesh
4. Pandit Ishwari Prasad Misra vs Mohammed Isa
5. Ram Chandra and Ram Bharosey vs State of Uttar Pradesh