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
Shivalingappa Kallayanappa v. State of Karnataka [1994 Supp 3 SCC 235]
Lokeman Shah v. State of W.B. [(2001)5 SCC 235]
Sanwat Singh & Ors. v. State of Rajasthan [AIR 1961 SC 715]
State of Madhya Pradesh v. Bacchudas [(2007) 9 SCC 135]
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