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2010 Supreme(Raj) 1396

GOVIND MATHUR, C.M.TOTLA
Raju Ram – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Appellant: Kailash Trivedi, Amricus Curiae.
For the State: Anil Upadhyay, Public Prosecutor.

JUDGMENT

1. - By judgment dated 28.6.2003 learned Additional Sessions Judge (Fast Track), Jodhpur convicted the accused appellant for commission of offences punishable under Sections 498-A, 302 and 307 Indian Penal Code. For the offences aforesaid the accused was sentenced as under:-

Section 498-A IPC: Three years rigorous imprisonment with a fine of Rs. 200/- and further to undergo seven days rigorous imprisonment in event of default in payment of fine;

Section 307 IPC: Ten years rigorous imprisonment with a fine of Rs. 500/- and further to undergo one month's rigorous imprisonment in event of default in payment of fine; and

Section 302 IPC: Life imprisonment with a fine of Rs. 2000/- and further to undergo three months rigorous imprisonment in event of default in payment of fine.

2. The case of the prosecution is that on 5.10.2002 statements of PW-3 Smt. Champa was recorded at Mahatma Gandhi Hospital, Jodhpur wherein she stated that at about ten years earlier she got married with Raju who was in habit of consuming liquor. She also stated that her husband Raju used to torture her and was always demanding money from her and her brother Harish. Raju was also in habit of beating his chil































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