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2015 Supreme(Raj) 708

MAHESH CHANDRA SHARMA
Kanhaiya – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared
Dr. Mahesh Sharma, for Accused-Appellants;
Dr. R.S. Shehawat, P.P., for State

Hon'ble SHARMA, J.—This appeal has been filed by the appellants against the judgment and order dated 5.12.2003 passed by Special Judge, SC/ST (Prevention of Atrocities) Cases and Addl. Sessions Judge, Sawai Madhopur in Sessions Case No. 42/2003 (30/2003), whereby he has acquitted the accused persons for the offence u/Sec. 308/34 IPC, but convicted the accused persons for the offence u/Sec. 452, 323 IPC and also convicted the accused Kanhaiya for the offence u/Sec. 325 IPC and accused Satya Narain for the offence u/Sec. 325/34 IPC and sentenced them as under:

u/S. 452 IPC: Each of them has been sentenced to undergo 1 years' RI with a fine of Rs. 500/-; in default of payment of fine to further undergo 15 days imprisonment.

u/S. 323 IPC: Each of them has been sentenced to undergo 3 months' RI

Accused Kanhaiya convicted for the offence under Section 325 IPC and accused Satya Narain convicted for the offence under Section 325/34 IPC and each of them has been sentenced to undergo 2 years' RI with a fine of Rs. 1000/-; in default of payment of fine, to further undergo 1 months' imprisonment.

2. Brief facts of the case are that on 20.8.2002, the complainant submitted a written report at Police
















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