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2017 Supreme(Raj) 1185

MOHAMMAD RAFIQ, MANOJ KUMAR GARG
Hemraj Mali – Appellant
Versus
State of Rajasthan Thro' P. P. – Respondent


Advocates Appeared:
For the Applicant : Mr. Biri Singh Sinsinwar, Mr. Rajesh Choudhary, Hemraj, Mr. Gaurav Gupta, Sanju Singh
For the State : Mr. Sudesh Saini

JUDGMENT :

Manoj Kumar Garg, J.

These two criminal appeals arise out of common judgment of conviction and sentence dated 7.4.2014 passed by learned Additional District and Sessions Judge, Shahpura District Jaipur ('the learned Trial Court' for short hereinafter) in Sessions Case No. 34/2010, hence same are being decided by this common judgment.

By filing instant appeals the accused appellants have challenged the impugned judgment of conviction and sentence, by which they have been sentenced as under :

Under Section 460 I.P.C. :

Life imprisonment, Rs. 20,000/- as fine and in default of payment of fine, each of the accused appellant has to further undergo six months' rigorous imprisonment.

Under Section 380 I.P.C. :

One year simple imprisonment, Rs. 2,000/- as fine and in default of payment of fine, each of the accused appellant has to further undergo three months' simple imprisonment.

Both the sentences were directed to run concurrently.

2. Brief facts of the case are that complainant Mahant Hariprakash Sharma (PW-2), submitted a written report (Ex.P-2) on 21.5.2010 at Police Station Viratnagar to this effect that he had constructed a temple of Jeen Mata on Ganeshji Road at Viratnagar. He fu





































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