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2021 Supreme(SC) 757

AJAY RASTOGI, ABHAY S. OKA
Vinod Kumar – Appellant
Versus
Amritpal @ Chhotu – Respondent


Advocates appeared:
For the Petitioner(s):Manish K. Bishnoi, Pallavii Singh, Advocates
For the Respondent(s):Gp. Capt. Karan Singh Bhati, Chitrangda Rastravara, Manvendra Singh Rathore, Dashrath Singh Rathore, Aditya Chauhan, Manish Singhvi, Arpit Parkash, Milind Kumar, Advocates

JUDGMENT :

ABHAY S. OKA, J.

Leave granted.

FACTUAL ASPECTS

1. The respondent nos. 1 to 5 are the accused who were prosecuted for the offences punishable under Sections 147, 364, 302/149, 201 and 323/149 of the Indian Penal Code (for short “IPC”).

2. The Sessions Court convicted the respondent nos. 1 to 5 (the accused) for all the aforesaid offences. They were sentenced to undergo imprisonment for life for the offence punishable under Sections 302 read with 149 of IPC. For the other offences, lesser punishments were imposed. All the sentences were ordered to run concurrently. For the offence punishable under Sections 302, the accused were directed to pay a fine of Rs. 10,000/- each. They were also directed to pay fine for other offences. Out of the fine amount, a sum of Rs. 70,000/- was directed to be paid to the widow of the deceased.

3. Being aggrieved by the Judgment and order of the Sessions Court, the accused preferred an appeal before the High Court of Rajasthan. By the impugned Judgment and order dated 18th July 2016, while maintaining the conviction of the accused for the offences punishable under Sections 147, 364, 201 and 329/149 of IPC, the conviction of the accused for the o


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