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2000 Supreme(Raj) 1450

N.N.MATHUR, D.N.JOSHI
Gurdeep Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Appellants:H.S.S. Kharlia, Advocate.
For the Respondent: A.R. Nikub, Public Prosecutor.

JUDGMENT

1. - Appellants Gurdeep Singh and Tek Chand have been convicted for offence u/s 302 and 302/34 IPC respectively by the judgment of the Additional Sessions Judge No. 2, Sri Ganganagar, Camp Suratgarh dated 17.5.1997. Both of them have been sentenced to imprisonment for life and to pay a fine of Rs. 1,000/- each and in default of payment to further undergo six months rigorous imprisonment. Both the appellants have also been convicted for offence u/s 25 and 27 of the Arms Act and sentenced to one years rigorous imprisonment and to pay a fine of Rs. 500/-, in default of payment to further undergo three months simple imprisonment. Both the sentences have been ordered to run concurrently.Briefly stated the prosecution case is that on 20.8.1993 at about 12.30 p.m. P.W. 1 Baldev Singh lodged a first information report at Police Station, Suratgarh stating inter-alia that there was a dispute between them and their cousin brother appellant Gurdeep Singh with respect to the land. On the same day, he alongwith his younger brother Gejasingh (deceased) and father P.W. 3 Jogendra Singh had gone to the field for collecting fodder. At about 10 a.m. while they were returning, Gurdeep Singh a













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