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2005 Supreme(Raj) 1132

B.PRASAD, SATYA PRAKASH PATHAK
Shah Nawaj – Appellant
Versus
State – Respondent


Advocates Appeared:
Mr. H.S. Kharlia for Accused-Appellants Shah Nawaj and Bashir Khan in Appeal No. 825/2001 Mr. Kulwant Singh for Accused Appellant Munshi Khan alias Munsif Ali in Appeal No.966/2001 Mr. R.S. Gill for Accused Appellant Kalu Khan in Appeal No. 343/2005 Mr. V.Kachhwaha, Public Prosecutor. Mr. B.S. Sandhu for Complainant.

Judgment

S.P. Pathak, J.-These three appeals have been filed by the accused-appellants namely, Shah Nawaj, Bashir Khan, Kalu Khan and Munshi Khan alias Munsif Ali against the Judgment and order dated 011.2001 passed by Addl. District & Sessions Judge (Fast Track), Hanumangarh in Sessions Case No.69/2001 -State vs. Kalu Khan & Ors., whereby the accused appellants have been convicted and sentenced as under:-

Accused Appellants Sentence awarded

Shah Nawaj, Bashir Khan & Kalu Khan Under Section 302/34, IPC Life imprisonment and fine of Rs.100/-, in default three months R.I. Under Section 201 IPC - 7 years rigorous imprisonment and a fine of Rs.100/-, in default three months R.I., and Under Section 120-B IPC - Imprisonment for life with a fine of Rs.100/-, in default three months R.I..

Munshi Khan alias Munsif AliUnder Section 302 read with Section 120-B IPC- Life imprisonment and a fine of Rs.100/-, in default three months R.I. All the sentences were ordered to run concurrently.

2. Briefly stated, the facts giving rise to the present case are that PW. 4 Fareed Khan lodged a written report Exhibit P/1 in the police station, Hanumangarh Junction on 212.1998 at about 5:30 pm stating inter-














































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