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2016 Supreme(Raj) 654

MOHAMMAD RAFIQ, DINESH CHANDRA SOMANI
Vinod S/o Shri Kalu Lal – Appellant
Versus
State of Rajasthan through Public Prosecutor – Respondent


Advocates Appeared:
For the Appellant :Mr. Santosh Kumar Jain, Advocate.
For the Respondent: Mr. N.S. Shekhawat and Mrs. Sonia Shandilya, Public Prosecutors.

JUDGMENT :

Mohammad Rafiq, J.

1. This criminal appeal is directed against judgment dated 20.10.2010 of learned Additional Sessions Judge, Aklera, District Jhalawar, in Sessions Case No. 62/2009, whereby accused-appellant Vinod S/o Shri Kalu Lal has been convicted for offence under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment with fine of Rs. 5,000/-; and in default in payment of fine, to further undergo one year s rigorous imprisonment.

2. Facts of the case, in brief, are that on 11.08.2009 one Radhey Shyam S/o Shri Prabhu Lal submitted a written report (Exhibit P-18) to the Station House Officer, Police Station Aklera, District Jhalawar, alleging that in the night of 11.08.2009 his sister Santosh Bai has been murdered by her husband Vinod Kumar, her mother-in-law Vidhya Bai and her elder sister-in-law (jithyani) Kalabai. The police, on that basis, chalked out regular First Information Report No. 291/2009 for offence under Section 302 IPC and commenced investigation. After investigation, charge-sheet was tiled against accused-appellant in the court of Additional Chief Judicial Magistrate, Aklera. The Additional Chief Judicial Magistrate, committed th












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