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1983 Supreme(SC) 191

A.P.SEN, E.S.VENKATARAMIAH, R.B.MISRA
Jharia S/o. Maniya – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
S.K.JAIN

Judgment

SEN, J.:- This petition under Art. 32 of the Constitution is clearly not maintainable and must be dismissed but in view of the growing trend of filing such frivolous applications, we deem it necessary to state the reasons therefor.

2. It appears that the petitioner along with two others was arraigned before the Sessions Judge of Alwar in Sessions Trial No. 120 of 1976 for having committed an alleged offence punishable under Section 302 of the Indian Penal Code, alternatively, under S. 302 read with S. 34 of the Code. By his finding and sentence dated April 21, 1977 the learned Sessions Judge convicted the petitioner and his two associates for having committed the murder of the deceased Jharia in furtherance of their common intention under Section 302 read with Section 34, and sentenced each of them to undergo imprisonment for life, while recording their acquittal under S. 302. On appeal, a Division Bench of the Rajasthan High Court (Jaipur Bench) in Criminal Appeal No. 219 of 1977 by judgment dated July 3, 1980. maintained the conviction of the petitioner under S. 302 read with Section 34 but acquitted his two associates giving them the benefit of doubt. Dissatisfied with th








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