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2007 Supreme(SC) 900

ARIJIT PASAYAT, D.K.JAIN
Lala Ram – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.Three appellants before the Rajasthan High Court alongwith one Giluda faced trial for alleged offence under Section 302 read with Section 34 of the Indian Penal Code (in short the ‘IPC’). A Division Bench of the Rajasthan High Court Jaipur Bench directed acquittal of the Giluda and upheld the conviction so far as the appellants before it are concerned. Each one of them was found guilty of offence punishable under Section 302 read with Section 34 IPC and was sentenced to undergo imprisonment for life. 23 persons were named in the First Information Report (in short the ‘FIR’) but after investigation police filed charge sheet against seven of them. The appellants before High Court along with three others, namely, Babu Ram, Raghuveer and Kailash faced trial. Said Babu Ram, Raghuveer and Kailash were acquitted by the trial court. Each of the appellants was sentenced to undergo imprisonment for life each to pay fine about Rs.1,000/- with default stipulation. Only the present appellant has questioned legality of the judgment of the High Court.

2.Background facts in a nutshell are as follows :

On 1.4.2000 at 4.30 p.m. First Information Report (in short the
















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