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2011 Supreme(SC) 632

B.S.CHAUHAN, SWATANTER KUMAR
State of Rajasthan Th. Secy. Home Dept. – Appellant
Versus
Abdul Mannan – Respondent


JUDGMENT

Swatanter Kumar J.

1. These appeals are directed against the judgment of the High Court of Rajasthan, Bench at Jaipur dated 15th March, 2005 in a case of communal violence. The trial court vide its judgment dated 7th September, 1999 returned a finding that charge against three accused namely Abdul Mannan, Afzal and Abdul Zabbar under Sections 302/149, 148, 324/149 and 449 of the Indian Penal Code (for short ‘IPC’) was fully established beyond reasonable doubt and sentenced them as follows:

a For committing an offence under Section 302/149 IPC, all three accused were awarded rigorous imprisonment for life along with fine of Rs.5,000/- each and in default of payment of fine to suffer six months’ simple imprisonment.

b Under Section 148 IPC, all the three accused were awarded one year’s rigorous imprisonment.

c Under Section 324/149 IPC, all the accused were awarded one year’s rigorous imprisonment each and

d Lastly, under Section 449 IPC, they were awarded three years’ of rigorous imprisonment each along with fine of Rs.1,000/- each, in default of payment of fine, to undergo simple imprisonment for three months.

2. Aggrieved by the judgment of the trial court, all the three acc














































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