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2004 Supreme(SC) 91

DORAISWAMY RAJU, S.B.SINHA, SHRI GOPAL
Gopal – Appellant
Versus
Subhashs – Respondent


JUDGMENT

S.B. Sinha, J.:- This appeal is directed against the judgment dated 15th May, 1997 passed by the Rajasthan High Court in DB Criminal No. 320/-87 whereby and whereunder the respondents herein were acquitted of the charges of commission of an offence under Sections 148 and 302 read with 149 of the Indian Penal Code.

2. The respondents herein together with Shankerlal and Maniram were charged under Sections 148 and 302 read with Section 149 of the Indian Penal Code and were sentenced to life imprisonment for alleged commission of an offence under Section 302 read with Section 149. They were further sentenced to undergo one years rigorous imprisonment with fine of Rs. 500/- for commission of an alleged offence under Section 148 of the Indian Penal Code. Two accused persons Shankerlal and Maniram were also convicted under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment of six months and a fine of Rs. 400/-

3. Allegedly, there were two groups in Kanwarpura Tehsil; one headed by Shri Ramnarayan accused and the other by the deceased Ram Kumar. Allegedly, a day prior to the date of incidence, an election of dairy society was conducted. At about 7 p.m. on 6.6.1




























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