JUDGEMENT
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(1.)The State of Rajasthan has preferred this leave to appeal, against the order of acquittal dated 9th Aug., 1983, passed by the Sessions Judge, Alwar.
(2.)Four persons were tried for committing the murder of one Gulla by the learned Sessions Judge, Alwar. But, after recording the evidence and hearing both the parties, he found that the prosecution has failed to prove its case against those persons beyond reasonable doubt, and therefore, giving them benefit of doubt, he acquitted all the four persons.
(3.)The facts of the case as alleged by the prosecution, are that on 1st June, 1982 Sbambhu lodged a report at Police Station Pratapgarh to the effect that while he and his brother Gulla (deceased) were going in a marriage-party and were sitting in a bus, the accused persons came there and demanded money from Gulla. Then, the accused persons took Gulla and Kanhaiya from the bus and forcibly took them towards their shop. Thereupon, the other persons also got down from the bus. At that time, Sewaram and Hari accused inflicted lathi blows to Gulla. Thereafter, Sewaram inflicted a scissor-blow on the chest of Gulla, as a result of which, Gulla died.
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