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2014 Supreme(Raj) 783

R.S.CHAUHAN, VEERENDR SINGH SIRADHANA
Banne Singh @ Pahalwan – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Appellant:Sajjan Raj Surana, Sr. Advocate with K.K. Chhawal, Advocate.
For the State: Ajay Kumar Bajpai and Sarfaraz Haider Khan, SPP.

JUDGMENT

1. - The appellant, Banne Singh @ Pahalwan has challenged the judgment dated 20.11.2008 passed by the Additional Sessions Judge (Fast Track) No. 1, Jaipur City, Jaipur whereby the learned Judge has convicted and sentenced him as under:-

U/s. 411 IPC : Three Years rigorous imprisonment and imposed with a fine of Rs. 10,000/-. In default of payment of fine, one months further rigorous imprisonment.

U/s. 413 IPC : Life imprisonment and imposed with a fine of Rs. 10,000/-.

U/s. 14/25(2) AAT Act : Four months rigorous imprisonment.

(All the sentence are to run concurrently)

2. However, the learned Judge has acquitted him of offences under Sections 379/120B, 413/120B, 414, 414/120B and 401 IPC and for offences under Sections 3/25(1) and 5/25(2) of the Antique & Art Treasure Act, 1972 (AAT Act, for short).

3. According to the prosecution, in the year 2002, two FIRs, namely FIR No. 128/02 and FIR No. 142/02 were registered at Police Station Vidyadhar Nagar, Jaipur City (North) for offence under Section 411 IPC. These FIRs were not registered against the present appellant; they were against other persons. While investigating these two FIRs, the police discovered that allegedly there was












































































































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