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2014 Supreme(Raj) 1792

GOPAL KRISHAN VYAS, ATUL KUMAR JAIN
Dharma Ram – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Appellant:M.K. Garg, Advocate.
For the State: C.S. Ojha, Public Prosecutor.

JUDGMENT

1. - This appeal was filed by accused-appellants (1) Dharma Ram s/o Kishnaji and (2) Chaina Ram s/o Dharma Ram, both by-caste Girasia residents of Jhamela Phali Peepla, Tehsil Bali, District Pali. Both the appellants in this appeal have challenged the judgment dated 13.10.2014 passed in Sessions Case No. 60/2005 of the court of Additional Sessions Judge(Fast Track), Bali, District Pali, whereby both the accused-appellants were convicted under Section 302/34 of Indian Penal Code by life imprisonment with a fine of Rs. 5,000/- and in default of payment of fine, each of the accused-appellants was ordered to serve one year's additional imprisonment.

2. When the appeal was filed, both the accused-appellants were in custody, but now one of the accused-appellants, namely,Chaina Ram is on bail, while other accused-appellant Dharma Ram is in jail. The period of custody suffered by them is said to be as follows:-

(1) Accused-appellant Dharma Ram was arrested on 4.6.2005 and since then till today he is in jail.

(2) Accused-appellant Chaina Ram was arrested on 10.6.2005. He was bailed out on 2.3.2006 but at the time of judgment, he was again taken in custody on 13.10.2006 and then he was






























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