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2023 Supreme(SC) 301

KRISHNA MURARI, V. RAMASUBRAMANIAN
Guddan @ Roop Narayan – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Abhishek Gupta.
For the Respondents: Manish Singhvi, Arpit Parkash, Sandeep Kumar Jha.

ORDER :

1. The present Appeal has been filed by the Appellant herein against the impugned order dated 20.09.2022 passed by the High Court of Rajasthan in S.B. CA No. 360/2019. The Appellant herein is seeking for a waiver of the conditions imposed on the grant of suspension of sentence by the impugned order.

2. We had already on 03.01.2023 passed an order allowing the Appeal and waiving off the conditions of bail. We are now giving reasons for the same.

3. Briefly, the facts relevant for the purpose of this Appeal are as follows:

    3.1. It is alleged that the complainant, on the date of the incident, was assaulted on the head with an iron rod by the Appellant, causing the complainant to be admitted to the hospital.

    3.2. The complainant then registered an FIR against the Appellant u/s 341 and 323 of the IPC. A charge-sheet was subsequently filed against the Appellant u/s 341, 323, 325 and 307 IPC.

4. The Ld. Trial Court, vide order dated 20.02.2019 convicted the appellant u/s 307, 323 and 341 of the IPC on grounds of the recoveries made, the eyewitnesses to the incident and the medical evidence. The Appellant was thus sentenced to 10 years Imprisonment and fine of Rs. 1,00,000/- with default

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