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1984 Supreme(Raj) 355

S.S.BYAS
Tolapuri – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. - Since both these revisions arise out of one and the same judgment of the learned Sessions Judge, Jalore dated October 38, 19/8, they were heard together and are disposed of by a common judgment. The two accused Tolapuri and Shankergiri were convicted under Section 467/34, IPO and each was sentenced to one year's rigorous imprisonment with a fine of Rs. 200/-, in default of the payment of fine to further undergo one month's life imprisonment by the learned Chief Judicial Magistrate, Jalore vide his judgment dated July 4, 1977. The accused went in appeal which was partly allowed. Their convictions were maintained but the term of imprisonment was reduced to six months from that of one year. The accused have now come-up in revision to challenge their conviction and sentence.

2. Briefly stated, the prosecution case is that PW. 3 Bheekgar Swami owns 1/4 share in Aaraji Khasra No. 57 situate in Mauja Posana district Jalore. He was in possession of his share at all the relevant times. A few days before October 14, 1974, Bheekgar learnt that accused Shankergiri got the sale deed Ex. P 1 in his favour purporting to have been executed by him (Bheekgar.)According to this sale deed















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