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2008 Supreme(Raj) 1807

SHIV KUMAR SHARMA, GUMAN SINGH
Laxmi Narayan – Appellant
Versus
State of Rajasthan – Respondent


For the Appellants:Mr. Suresh Sahni and Mr. R.M. Sharma, Advocates.
For the State: Mr. Ashvini, Public Prosecutor.

JUDGMENT

1. - In this appeal, appellants have challenged the judgment dated February 4, 2005 of the learned Additional Sessions Judge (Fast Track) No. 3, Bundi, in Sessions Case No. 42/2003, whereby appellants Laxmi Narain, Daulatram, Mahaveer s/o Mathura Lal, Roop Ram alias Roop Narain and Kamla Bai have been convicted and sentenced as under:

Under Sections 147, 148, 323/149, 302/149 IPC

U/s 147, each of the appellants to undergo rigorous imprisonment for one year:

U/Section 148, two years rigorous imprisonment and under Section 323/149 rigorous imprisonment for one year.

Under Section 302/149 IPC
To undergo Life Imprisonment and a fine of Rs. 2,000/- each, in default to further undergo two months simple imprisonment.

All the sentences were ordered to run concurrently.

2. Briefly stated, the prosecution case is that on June 21, 2002 at 11 p.m. informant Mahaveer handed over a written report at Government Hospital, Bundi to Shri Amba Lal, A.S.I. P.S. Gandoli, wherein he reported that on the said day at about 4.30 to 5.30 p.m. he had gone with tractor to plough his land; then Laxmi Narain armed with iron pipe, Daulatram with lathi, Rupa Ram with `Gandasi', Mahaveer with `Dhariya' and Rajes





























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