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2015 Supreme(SC) 23

T.S.THAKUR, ADARSH KUMAR GOEL, R.BANUMATHI
AHMED SHAH – Appellant
Versus
STATE OF RAJASTHAN – Respondent


JUDGMENT

R. BANUMATHI, J.

These appeals arise out of the judgment dated 20.08.2007 passed in Criminal Appeal No.704 of 2005 in which Jodhpur Bench of Rajasthan High Court confirmed the conviction of the appellants under Section 302 and also the sentence of life imprisonment imposed on them with a fine of Rs.1,000/-. The High Court acquitted eighteen other accused of the charges under Section 302 IPC read with Section 149 IPC and convicted them under Section 148 IPC and sentenced those eighteen accused persons to the period already undergone by them.

2. Case of the prosecution is that, on 29.4.1996 at about 3.30 P.M. when complainant -Rakhu Shah was at the field of his brother-in-law Abdul Shah along with his sister Rakhia (PW-8), nephew Hasan Ali and Sabbir Shah, the appellants and nineteen other accused along with others forming themselves into an unlawful assembly came to the field. Appellants Ahmed Shah, Gurmukh Singh and Rasool Shah were armed with weapons namely spears and Lathis. Rasool Shah inflicted injuries to complainant-Rakhu Shah. The accused persons assaulted complainant’s sister Rakhia (PW-8). Ahmed Shah and Gurmukh Singh attacked Sabbir Shah. Gurmukh Singh inflicted
































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