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2006 Supreme(Raj) 891

R.P.VYAS
Mahaveer @ Krishan and Balveer – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. M.K. Garg, for the Appellants.
Mr. V.R. Mehta, Public Prosecutor, for the State of Rajasthan.
Mr. Vijay Bishnoi, for the Complainant.

Judgment

R.P. Vyas, J.-This criminal appeal under Section 374 of the Code of Criminal Procedure is directed against the Judgment dated 28.09.2001, passed by the learned Additional District & Sessions Judge, Hanumangarh, whereby he convicted and sentenced accused-appellants Mahaveer @ Krishan S/o Budhram and Balveer S/o Jaswant under Section 376 (2) (g) IPC, to ten years rigorous imprisonment and a fine of Rs. 10,000/-each, in default of payment of fine, to further undergo 3 months rigorous imprisonment; and under Section 447 IPC, one months rigorous imprisonment. All the sentences were directed to run concurrently. Out of the amount of fine, a sum of Rs.10,000/-was directed to be paid to victim-Smt.Roshni W/o Omprakash as compensation.

2. Brief facts, giving rise to the instant appeal, are that on 110.2000, at 8.00 P.M., Smt.Roshni W/o Omprakash, by caste Jat, aged 25 years, R/o Kharsadi lodged a verbal report with the Police Station Nohar, District - Haunmangarh stating therein that prior to the two days of the occurrence, her husband had gone to bring Parani and had not still returned. Her brother-in-law (devar) Mahendra Singh is looking after the field. On the day of the occurre































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