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2017 Supreme(Raj) 1296

MOHAMMAD RAFIQ, KAILASH CHANDRA SHARMA
Mahaveer Prasad S/o Shri Baldev Prasad – Appellant
Versus
State of Rajasthan, through P. P. – Respondent


Advocates Appeared:
For the Appellants : Mr. V.R. Bajwa, Mr. Amar Kumar.
For the Respondents: Mr. Anurag Sharma, Mr. Krishnaveer Singh, Mr. Praneet Sharma, Mr. R.S. Raghav, Mrs. Sonia Shandilya

JUDGMENT :

Mohammad Rafiq, J.

1. This appeal is directed against the judgment dated 20.09.2008 passed by the Court of Special Judge, Women Atrocities & Dowry Cases, Jaipur City, Jaipur (for short ‘the trial court’) whereby the accused-appellant Mahaveer Prasad has been convicted and sentenced under Section 302 IPC to life imprisonment with fine of Rs. 3,000/-, in default of payment of fine, to further undergo three months’ rigorous imprisonment; under Section 449 IPC to ten years’ rigorous imprisonment with fine of Rs. 2,000/-, in default of payment of fine to further undergo two months’ rigorous imprisonment; under Section 376/511 IPC to five years’ rigorous imprisonment with fine of Rs. 1,000/-, in default of payment of fine to further undergo one month’s rigorous imprisonment. All the sentences were ordered to run concurrently.

2. The brief facts giving rise to this appeal are that on 04.11.2006 at 01.05 P.M., one unknown person informed Virendra Kumar, SHO, Police Station Mrulipura regarding murder of one Archana Sharma. The information was entered in Rojnamcha (Exhibit P-84) and the police went to the place of incident. At the place of incident, Sandeep Sharma, brother of the dec












































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