Phoolchand vs State of Rajasthan - 2016 Supreme(Raj) 1245

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2016 Supreme(Raj) 1245

MOHAMMAD RAFIQ, VIJAY KUMAR VYAS
Phoolchand – Appellant
Versus
State of Rajasthan – Respondent

Advocate Appeared:
For the Appellants :Shri Kamlakar Sharma, Sr. Advocate, with Shri Himanshu Sharma, Advocates.
For the State : Shri Aladeen Khan, Public Prosecutor.

JUDGMENT :

Vijay Kumar Vyas, J.

This appeal has been preferred against the judgment dated 24.1.2007 passed by learned Additional Sessions Judge, Special Court, Women Atrocities & Dowry Act, cases, Kota in Sessions Case No. 4/2006, whereby while acquitting co-accused Udailal and Mukesh from charges of offence punishable u/s 148 and 302/149 IPC, appellants Phoolchand, Chandu @ Chandprakash and Narendra Kumar have been convicted for the offence u/s 148 and 302/149 IPC and sentenced as follows :-

U/s 148 IPC	Three years' simple imprisonment with fine of Rs.2,000/-; in default thereof, to further undergo one month's simple imprisonment to each appellant.
U/s 302/149 IPC	Life imprisonment with fine of Rs.5,000/-; in default thereof, to further undergo two months' simple imprisonment to each appellant.

All the sentences were ordered to run concurrently.

2. Brief facts giving rise to this appeal are that on 6.9.2003 at about 12.30 PM, complainant Shivraj S/o Shri Ram Narayan Meena, R/o Dhakiya, Police Station Chechat informed at Mortuary, Government Hospital, Ramg

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2016 Supreme(Raj) 1245

MOHAMMAD RAFIQ, VIJAY KUMAR VYASPhoolchand – AppellantVersusState of Rajasthan – Respondent

MOHAMMAD RAFIQ, VIJAY KUMAR VYAS
Phoolchand – Appellant
Versus
State of Rajasthan – Respondent