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2016 Supreme(SC) 1104

A.K.SIKRI, R.K.AGRAWAL
Kailash Chand – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Dr. J. P. Dhanda, Mr. N.A. Usmani, Mr. Manish Kr. Chaudhary, Ms. Namita Choudhary, Mr. Ashutosh Kr., Ms. Pooja Katara, Mr. Harshul Singh, Mr. S.K. Verma, Mr. Ranbir Singh Yadav, Mr. P.M. Saini, Ms. Anju K. Varkey, Mr. Pramit Saxena
For the Respondent: Mr. Shiv Mangal Sharma, Mr. Puneet Parihar, Mr. Prashant Bhagwati, Ms. Aiswarya Bhati, Gp. Capt. Karan Singh Bhati, Mr. T. Gopal, Ms. Heena Khan, Mr. Milind Kumar

ORDER :

Leave granted in SLP(Crl.)No. 284 of 2014.

2. These four appeals are filed by four persons who are convicted for committing the offence of murder punishable under Section 302 of the Indian Penal Code (hereinafter referred to as 'IPC'). The Trial Court, on conviction, awarded them sentence of rigorous imprisonment for life. By the impugned judgment of the High Court, the said conviction and sentence has been maintained resulting in dismissal of the appeal which was filed by these four accused persons challenging the verdict of the Sessions Judge. We may state at this stage itself that in all five persons were arrayed as accused persons in the said case. However, one accused person was acquitted by the Trial Court and against that acquittal, no appeal was filed by the State and, therefore, his acquittal became final at the stage of trial itself. As per the prosecution, it is a case of custodial death wherein one Radhey Shyam Darji along with two other persons, who was wanted in a theft case, was beaten in the Police Station and tortured by these accused persons who are all police officials. As a result of the said beating, Radhey Shyam Darji succumbed to the injuries. It is als





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