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2007 Supreme(Raj) 1794

SHIV KUMAR SHARMA
Bharat – Appellant
Versus
State of Rajasthan – Respondent


For the Appellant:B.M. Singh and S.S. Sunda, Advocates.
For the Respondent: M.L. Goyal, Public Prosecutor.

JUDGMENT

1. - Challenge in these appeals is to the judgment dated September 24, 2003 of learned Additional Sessions Judge (Fast Track) Alwar whereby the appellants, five in number, were convicted and sentenced as under:

Appellant Bharat:

U/s.307, IPC:

To suffer rigorous imprisonment for seven years and fine of Rs. 3000/-, in default to further suffer rigorous imprisonment for one year.

Appellants Mukesh, Vishal, Leader @ Kalu and Ajay @ Ganja:

U/s.307/149, IPC:

Each to suffer rigorous imprisonment for seven years and fine of Rs. 1500/-, in default to further suffer rigorous imprisonment for six months.

Appellants Bharat, Mukesh, Vishal, Leader @ Kalu and Ajay @ Ganja :

U/s.148, IPC:

Each to suffer rigorous imprisonment for two years and fine of Rs. 500/-, in default to further suffer rigorous imprisonment for three months.

U/s.323, IPC:

Each to suffer rigorous imprisonment for one year.

U/s.341, IPC:

Each to suffer simple imprisonment for one month. The substantive sentences were ordered to run concurrently.

2. It is the prosecution case that informant Bhima Ram (Pw.1) submitted a written report (Ex.P-1) at Police Station Kotwali Alwar on September 22, 2002 at 1.00 PM to the effect that on



































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