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2007 Supreme(Raj) 2186

SHIV KUMAR SHARMA, MAHESH CHANDRA SHARMA
Soojya @ Suraj – Appellant
Versus
State of Rajasthan – Respondent


For the Appellants:N.A. Naqvi, C.P. Meena and Kapil Gupta, Advocates.
For the State: B.N. Sandhu, Public Prosecutor.

JUDGMENT

1. - Challenge in this appeal is to the judgment dated July 30, 2002 of 1 the learned Additional Sessions Judge Fast Track Tonk whereby the appellants, eight in number, were convicted and sentenced as under :

Soojya @ Suraj, Badri, Panchu, Suresh, Kedar, Ramu, Hanuman and Prabhu :

U/s. 302 read with 149 & 120B IPC :

Each to suffer imprisonment for life and fine of Rs. 100/-, in default to further suffer simple imprisonment for three months.

U/s. 147 IPC :

Each to suffer rigorous imprisonment for two years.

U/s. 342 IPC :

Each to suffer rigorous imprisonment for one year.

U/s. 323 read with 149 IPC :

Each to suffer rigorous imprisonment for one year.

Substantive sentences were ordered to run concurrently.

2. It is the prosecution case that on June 21, 2001 informant Surgyan (Pw.5) submitted a written report (Ex.P- 10) at Police Station Shivdaspura Jaipur to the effect that the informant lived in village Dayalpura with his mother, sisters and brothers. His father, who was alcoholic, lived separately from them. In order to extract money, his father used to visit his mother and indulge in physical abuse in the event of money not given to him when demanded. His sister Moti aged 18 years





















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