2002 Supreme(Raj) 1935
B.PRASAD, N.P.GUPTA
Harbans Singh – Appellant
Versus
State of Rajasthan – Respondent
Advocates:
For the Appellant:Pradeep Shah, Advocate.
For the State: A.R. Nikub, PP.
JUDGMENT
1. - This appeal arises out of the judgment of learned Additional Sessions Judge, Raisinghnagar dated 18.8.99 passed in Sessions Case No. 44/94, convicting appellant Harbans Singh, for the offence under Section 302/34 I.P.C. and sentencing him to imprisonment for life alongwith a fine of Rs. 5000/-, in default of payment of fine to undergo two years' simple imprisonment, and also convicting him for the offence under Section 394/34 I.P.C. and imposing another identical sentence.
2. Brief facts of the case are that on 18.2.94, one Amarjeet Singh, resident of 7-TK, submitted an oral report in the Police Station Raisinghnagar to the effect that at about 8-8.15 A.M., once Chandan Singh, milk vender, came to his house and informed that, when he had gone to fetch milk to 8-TK, he went to ease himself in the mustered field of the informant, situated on the road side, and on going little ahead in the field, his spotted dead body lying there. Thereupon, the informant alongwith Jernail Singh, Darbara Singh and Jeet Singh etc., went to the field, the other persons kept standing on the road, and the informant went in the field being Kila No. 5 of Murabba No. 57, and found the mustered c
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