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2013 Supreme(Raj) 696

GOVIND MATHUR, BANWARI LAL SHARMA
Dalip Kumar – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Appellant:Mr. I.R. Choudhary, Advocate.
For the State: Mr. A.R. Nikub, Public Prosecutor.

JUDGMENT

1. This appeal is preferred to challenge the order dated 16.02.2005 passed by learned Additional Sessions Judge, Nohar, District Hanumangarh in Sessions Case No. 33/2003 (The State of Rajasthan v. Dalip Kumar S/o Bhagdas) . Learned Additional Session Judge by the judgment impugned convicted the accused appellant for an offence punishable under Section 302 IPC and sentenced him to undergo life term imprisonment with a fine of Rs. 20,000/-. He is further required to undergo two years' additional imprisonment in the event of default of payment of fine. A sum of Rs. 15,000/- out of fine of Rs. 20,000/- is required to be paid to Mrs. Savitri widow of deceased Govind Ram.

2. The factual matrix necessary to be noticed for adjudication of this appeal is that on 02.08.2003 at about 9.15 a.m. Mr. Sohan Lal S/o Mr. Dharmpal, resident of Bhukarka, submitted a written report to the Station House Officer, Police Station Nohar with assertion that a dead body of unknown person was lying in western side of agriculture field 4 - B K K, near to main road connecting Nohar with Bhukarka. The dead body was having injuries appears to have been assigned by some sharp-edged weapon. On basis of the















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