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2016 Supreme(SC) 1235

DIPAK MISRA, SHIVA KIRTI SINGH
Ram Laxman – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : P.B. Suresh, Vipin Nair, Prithu Garg, Udayaditya Banerjee, (M/s. Temple Law Firm), T.R.B. Sivakumar, K.V. Vijayakumar
For the Respondent: Shovan H., Milind Kumar, Jayant Bhatt P.C., B.S. Shankar, Ms. Ruchi Kohli

JUDGMENT :

Shiva Kirti Singh, J.

Both the appeals arise out of same judgment and order dated 3.1.2006 passed by a Division Bench of High Court of Rajasthan at Jaipur Bench in Criminal Appeal No. 779 of 2001. By the impugned judgment the High Court has maintained the conviction of appellants namely Ram Laxman and Sanjay alias Sanju for offences under Section 302/149 and Section 148 IPC. The sentence imposed on the appellants is life imprisonment and fine of Rs.5,000/- with default clause under Section 302/149 IPC and RI for one year under Section 148 IPC. Both the substantive sentences are to run concurrently. Vide the same judgment the High Court has allowed the appeal of co-accused Ram Bharos, Sher Singh, Chaturbhuj, Ram Prasad and Mangi Lal and acquitted them for the same very offences.

2. Learned counsel for the appellants has taken us through the entire relevant materials on record and particularly through the judgment and order under appeal with a view to support his simple submission that the case and evidence against the appellants is same as that against the other co-accused who have been acquitted by the High Court. In other words the appellants simply claim parity with the a







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