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2018 Supreme(SC) 697

L.NAGESWARA RAO, MOHAN M.SHANTANAGOUDAR
Prabhu Dayal – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

MOHAN M. SHANTANAGOUDAR, J.

The judgment and order of conviction dated 17.09.2013 passed by the High Court of Judicature at Rajasthan, Bench at Jaipur in D.B. Criminal Appeal No. 659 of 2003, insofar as it relates to the conviction of the appellant, is the subject matter of this appeal. By the impugned judgment, the High Court has affirmed the judgment of conviction passed by the Additional Sessions Judge (Fast Track) Court No. 2, Bharatpur, Rajasthan in Sessions Case No. 53/2001.

2. The case of the prosecution in brief is that on the night of 01.05.1997, the informant Vikram Singh, who was sleeping at a distance of 15 to 20 yards from his brother Gopal in his house, heard the sound of a fired gun shot and got up at 1:00 a.m. in the intervening night between 01.05.1997 and 02.05.1997; he saw Prabhu (the appellant herein), Indal, Rajveer, Gyan, and Shiv Singh armed with weapons and standing near the cot on which his brother Gopal was lying, shouting that Prabhu (the appellant herein) fired on his chest; then Prabhu told Shiv Singh to kill his bhabhi Smt. Devi; thereupon, Shiv Singh opened fire and injured her; Prabhu, Rajveer, Indal and Shiv Singh were having kattas (countr








































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