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2009 Supreme(Raj) 1823

N.P.GUPTA, C.M.TOTLA
Om Prakash – Appellant
Versus
State – Respondent


For the Appellants:Bhagat Dandhich for Mridul Jain and M.K. Garg, Advocates.
For the State: A.R. Nikub, Public Prosecutor.

JUDGMENT
N.P. Gupta , J. - By this appeal the accused appellants seek to challenge the judgment of the learned Additional Sessions Judge (Fast Track), Ratangarh District Chum dated 8.3.2002, convicting all the appellants for the offences under Sections 148, 341, 302, 149 and 323/149 I.P.C. and sentencing each of them, under Section 148 with three years rigorous imprisonment, and fine of Rs. 100 /- in default to undergo further rigorous imprisonment for one month, under Section 341 sentencing to three months' simple imprisonment with fine of Rs. 100 /- in default to undergo 7 days' simple imprisonment, under Section 323/149, one year's simple imprisonment with fine of Rs. 200/- in default to undergo one month's simple imprisonment and under Section 302/149 sentenced to rigorous imprisonment for life with fine of Rs. 1000/- in default to undergo one year's rigorous imprisonment, and also directing all substantive sentences to run concurrently.2. The brief facts of the case are, that at about 8.30 AM on 31.5.1999, police recorded the statements of Sita Ram PW-1 at Government Hospital, Sridungargarh, wherein Sita Ram had stated that Budha Ram son of Bhanwar Lal Harijan is his maternal u



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