2011 Supreme(Raj) 2563
MOHAMMAD RAFIQ, S.S.KOTHARI
Badami and Mukesh – Appellant
Versus
State of Rajasthan Through Public Prosecutor – Respondent
Advocates:
For the Appellant in Appeal No 1478/2003:Biri Singh Sininwar, Senior Advocate with Rajesh Chaudhary, Advocate.
For the Appellant in Appeal No 1354/2003:Prem Kumar Sharma, Advocate.
For the Respondent: J.R. Bijarnia, Public Prosector.
JUDGMENT
1. These two appeals seek to challenge the judgment of learned Additional Sessions Judge No.1 (Fast Track), Dholpur, dated 10th September, 2003, by which the accused - appellants, namely, Gariba, Mukesh, Smt. Badami, Ramniwas, Vinod and Smt. Santi were convicted for offences under Sections 148, 302/149, 341, and were sentenced to undergo life imprisonment and a fine of Rs. 500/- each, in default of payment of fine, they were to further undergo imprisonment of one month. For offence under Section 148 IPC, they were sentenced to undergo rigorous imprisonment of one years and for offence under Section 341, IPC they were sentenced to undergo simple imprisonment of one month. All the sentences were ordered to run concurrently.
2. Facts giving rise to these appeals are that one Hari Singh Son of Shobharam (PW - 1), Police Station Basedi, District Dholpur, submitted a written report to S.H.O., Police Station, Basedi alleging that Gariba and his family members had earlier committed murder of his father Shobharam and since then he and other accused were having ememity with them. When on 05.06.1998 complainant and others were collecting contribution of two rupees from each house for
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