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K.C.SHARMA
Govind Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Counsel for the parties:
For the Appellants :Mr. Shailendra Balwada, Advocate.
For the Respondent: Mr. S.S. Rathore, P.P.

Order

Khem Chand Sharma, J.— The appellants have preferred this crimi-nal appeal under Section 374 Cr.P.C. against the judgment and order dated 30-10-1984 passed by the Additional Sessions Judge No. 2, Ajmer, thereby convicting and sentencing them for offence under Sections 326 and 324 IPC in the following manner :

Under Section Each to undergo rigorous

326 IPC imprisonment for 3 years

with a fine of Rs. 3,000/-.

in default thereof, each to

further undergo six months

rigorous imprisonment.

Under Section Each to undergo rigorous

324 IPC imprisonment for 1 year with

a fine of Rs. 1000/- in

default thereof each to

further undergo one month’s

rigorous imprisonment.

The substantive sentences were ordered to run concurrently. The trial court ordered that the period spent by the appellants in judicial/police custody shall be adjusted as per the provisions of Section 428 Cr.P.C. It was further ordered that the sen-tences awarded in default of payment of fine shall be undergone severally.

2. As per the prosecution case, on 8-6-1983 PW 7 Mahendra Singh informed the police at Police Station Alwar Gate. Ajmer of the incident alleged to have taken place in the

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