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2013 Supreme(Raj) 1657

MOHAMMAD RAFIQ, BANWARI LAL SHARMA
Gyarsilal, Panchuram and Kalyan – Appellant
Versus
State of Rajasthan through Public Prosecutor – Respondent


For the Appellant:N.C. Choudhary with Vijay Choudhary, Advocates.
For the Respondent: Javed Choudhary, Public prosecutor.
For the Complainant:Rinesh Gupta with Ajeet Singh for Rinesh Gupta, Advocates.

JUDGMENT

1. These two appeals arise out of the First Information Report No. 123/2000, lodged with Police Station Shivdaspura, though the accused-appellants, in each of them, have been convicted by different judgments passed by the court of Additional Sessions Judge (Fast Track) No. 1, Jaipur District, Jaipur, in separate trials. Appeal No. 177/2005 has been filed by three accused-appellants, namely, Gyarsilal, Panchuram and Kalyan, against judgment dated 02.02.2005, whereas Appeal No. 786/2007 has been filed by accused-appellant Ghanshyam against judgment dated 30.03.2007.

2. All accused-appellants, in both the appeals, are real brothers, being sons of Ghasiram. Accused-appellants Gyarsilal, Panchuram and Kalyan (in Appeal No. 177/2005) have been convicted for offence under Section 302 read with Section 34 of the Indian Penal Code and sentenced to undergo life imprisonment with fine of Rs. 500/- each, in default of payment of which, they were to further undergo one month's simple imprisonment. They have also been convicted for offence under Section 323 IPC and sentenced to six months SI. Accused-appellant Kalyan was however additionally convicted for offence under Section 379 IPC an




















































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