2010 Supreme(Raj) 169
A.M.KAPADIA, GOPAL KRISHAN VYAS
Nand Singh – Appellant
Versus
State – Respondent
Advocates Appeared
Ashok Upadhyay, Shravan Ojha, K.L. Thakur, for Appellants;
K.R. Bishnoi, Public Prosecutor
Hon'ble VYAS, J.—By way of filing this criminal appeal, the appellants are challenging the impugned judgment dated 14th October, 2003 passed by the Additional Sessions Judge (Fast Track), Bhilwara in Sessions Case No. 30/2001, whereby, the learned trial Court convicted all the accused-appellants for committing offence under Sections 147, 364/149 and 302/149 IPC and passed sentence of life imprisonment for offence under Section 302/149 IPC alongwith fine of Rs. 2,000/- to each accused-appellants and in default of payment of fine each accused-appellants to further undergo three months rigorous imprisonment and for offence under Section 364/149- ten years rigorous imprisonment alongwith fine of Rs. 1000/- to each accused-appellants and in default of payment of fine each accused-appellants to further undergo one month's rigorous imprisonment and for offence under Section 147 IPC-two years rigorous imprisonment.
2. According to the brief facts of the case, an FIR was registered at Police Station Kotadi, District Bhilwara against all the five accused-appellants on the basis of statement (Parcha Bayan Exhibit P/7) of deceased Hamatu Singh on 17th November, 1997. The statement of deceased H
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