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1989 Supreme(Raj) 654

M.KAPUR
Mohan Singh – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. - The four appellants before us have been convicted for the offences under Sections 326/34 and 323/34 IPC and sentenced as under:-

U/s. 326/34 IPC

Three years rigorous imprisonment and a fine of Rs. 500/- cash and in default of payment of fine to further undergo 3 months rigorous imprisonment.

U/s. 323/34 IPC

Six months rigorous imprisonment each.


2. Both the sentences have been ordered to run concurrently. Against this conviction and sentence passed by the learned Additional Sessions Judge Dewas (Camp Jaipur) on 1st Sept. 1989, these appellants have preferred this appeal.

3. The facts in brief may be looked into first and they are that the accused as well as the injured Top Singh (PW 1) and Hanuman Singh (PW 4) are the decedents of one Bagh Singh and there are property disputes between them. Litigation in this regard is also pending between them. On 9th July, 1979, the incident occurred, First the appellants abused Hanuman Singh at about 12.00 noon while he was returning from the market. Thereafter in the evening on the same day at about 7.00 P.M. Top Singh asked the present appellants as to why they were abusing Hanunam Singh and they said th




























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