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1998 Supreme(Raj) 66

G.L.GUPTA, S.C.MITAL
JOTRAM AND HARLAL – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates Appeared:
K.L.Thakur, S.M.Singhvi

Judgment


GUPTA, J.

( 1 ) THIS appeal is directed against the judgment of learned Additional Sessions Judge No. 1, Hanumangarh dt. 18-10-77 whereby he convicted appellant Harlal under Sections 302 and 307/34, IPC and 27 of the Indian Arms Act and Jot Ram (since dead) under Sections 307 and 302/34, IPC and under Ss. 25 and 27 of the Indian Arms Act. Harlal was sentenced as follows :- (a) 302, IPC life Imprisonment and a fine of Rs. 2000/- (b) 307/34, IPC 7 Years RI and a fine of Rs. 1000/-The substantive sentences were ordered to run concurrently. He was not separately sentenced for the offence under the Indian Arms Act.

( 2 ) THE prosecution case can be summed up as follows : There is an agricultural land of Dashrath, first informant in village Rajpuriya. To the western side of this land there is murabba No. 40 divided in 25 killas. Accused cultivated some killas of this murabba. Land of killas Nos. 14, 17, 16 and 25 was the bone of contention. In the F. I. R. Ex. P-3 lodged on 17-6-75 at 9. 10 a. m. at Police Station Nohar, it was stated that Dashrath had purchased four killas i. e. 14, 16, 17 and 25 of murabba No. 40 from one Sannu Ram but Bheriya, Jotram and Harlal sons of Basti







































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