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2015 Supreme(Raj) 613

MOHAMMAD RAFIQ, PRAKASH GUPTA
Devi Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
Mr. Sanjay Yadav for the appellant
Mr. R.S. Raghav, Public Prosecutor for the State

JUDGMENT :

Prakash Gupta, J.

1. By this criminal appeal filed under Section 374 Cr.P.C. the appellant seeks to challenge the judgment of conviction and order of sentence dated 24th April, 2010, passed by the learned Additional Sessions Judge (Fast Track) No.2, Jhunjhunu in Sessions Case No.72/2007 (113/2007), whereby the appellant has been convicted for offence under Section 302 IPC and sentenced to life imprisonment and to pay a fine of Rs.5000/-and in default thereof, to further undergo six months' simple imprisonment.

2. The facts of the case as summarised are that Gajendra Singh (PW.9) on 24th April, 2007 submitted written report (Ex.P.12) to the Station House Incharge, Police Station Bisau mentioning therein that the previous evening Dheer Singh, his cousin, told him that Mahaveer S/o Goru Ram Chamar, Raju Daroga and Shishpal S/o Jamnadhar Daroga had killed his goat and when he complained about the same they threatened to kill him. He further mentioned that he had assured him that he would call them and talk to them. On the morning of 24, April 2007 Vishnukant Mehrishi told that somebody had killed Dheer Singh, whose body was lying near the Rani Sati Temple. He reached the place

































































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