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2010 Supreme(Raj) 2113

PREM SHANKER ASOPA
Sher Singh – Appellant
Versus
State of Rajasthan – Respondent


For the Petitioner:Sandeep Singh on behalf of S.P. Sharma, Advocates
For the Respondents:R.B. Mathur, Advocate.

JUDGMENT

1. - The petitioner was appointed on the post of Lower Division Clerk in the Commercial Taxes Department on 20th October, 1975. However, due to revengeful action on the part of the opposite party, a criminal case was under Sections 307, 326/34 and 324/34 IPC was registered against him and other family members and he faced trial in the court of Additional Sessions Judge (Fast Track) Bandikui. The learned trial judge vide judgment dated 30th September, 2003 convicted the petitioner under Sections 307, 326/34 and 324/34 IPC and sentenced him to undergo simple imprisonment for eight years.

2. Against the said judgment of conviction and sentence, the petitioner has preferred a Criminal Appeal under Section 374 Cr.P.C. before this Court which has been registered as S.B. Criminal Appeal No. 1450/2003. Initially, this sentence of the petitioner was suspended by this Court vide order dated 29.4.2004 but thereafter to petitioner filed further Misc. Application (S.B. Criminal Misc. Application No. 776/2004) and after learned counsel for the petitioner, learned PP and also the counsel for he complainant, conviction was stayed by the Court vide order dated 24.11.2005. However, before pa























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