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1998 Supreme(SC) 795

M.K.MUKHERJEE, D.P.WADHWA
State Of Rajasthan: Gokula – Appellant
Versus
Ram Bharosi: State Of Rajasthan – Respondent


Judgment

D.P. Wadhwa, J.-We condone delay in SLP (Crl.) No. 2625 of 1998 and grant leave to appeal.

2. We heard both the appeals together.

3. State of Rajasthan is aggrieved by the judgment dated May 1, 1996 of the Division Bench of the Rajasthan High Court (Jaipur Bench) for two reasons : (1) acquitting Natthi, Karan Singh and Ram Bharosi of offences under Sections 302/149, 149 and 447 Indian Penal Code (IPC for short) though maintaining their conviction for offence under Section 323 IPC but reducing their sentence to the rigorous imprisonment already undergone by them; and (2) acquitting Makhan and Gokula of charges under Sections 302, 148, 447 and 323 IPC and instead convict­ing each of them for offence under Section 307 IPC and sentencing them to undergo rigorous imprisonment for seven years and to a fine of Rs. 2000/- and in default to undergo further rigorous imprisonment for six months. Gokula and Makhan have appealed against the same very judgment against their conviction and sentence.

4. Additional Sessions Judge, Bayana (Bharatpur), who tried eight persons, by judgment dated June 18, 1994 convicted Makhan and Gokula under Section 302 IPC and Natthi, Karan Singh and Ram Bharos
































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