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1994 Supreme(Raj) 922

N.L.TIBREWAL
Dulhe Singh – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. - The above revision petitions may be disposed of jointly as they arise from one Criminal Case F.I.R. No. 7/78, registered at Police Station, Gangadhar, district Jhalawar. Revision Petition No. 272/94 has been filed by the accused Dulhe Singh and Nathu Singh, while revision petition No. 308/94 has been filed by Chain Singh. All the three accused were prosecuted for the offences punishable under sections 457 and 380 I.P.C. in the court of Additional Munsiff and Judicial Magistrate, Bhawani Mandi alongwith one Chandra Singh. However, Chandra Singh died during the course of trial. The learned trial Magistrate after completion of the trial convicted and sentence all the three accused petitioners under sections 457 and 380 I.P.C. to two years rigorous imprisonment and a fine of Rs. 500/- under each count. In default of payment of fine, they were to undergo further imprisonment for six months rigorous imprisonment.

2. The facts need not be narrated in detail as the learned counsel restricted his submissions on two counts. The first submission is that the conviction of the petitioners under section-457 I.P.C. is not sustainable. The second submission is that the petitioners hav






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