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2017 Supreme(Raj) 1812

GOPAL KRISHAN VYAS, MANOJ KUMAR GARG
Ganga Singh Rajput – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Appellant :Mahesh Bora, Senior Advocate assisted by Mr. Arun Kumar, Advocate
For the Respondent:Vishnu Kachhwaha, P.P. and Mr. Jayant Joshi on behalf of Mr. Rakesh Arora, Advocates

ORDER :

Manoj Kumar Garg, J.

The instant criminal appeal has been filed by the accused appellants Under Section 374(2) Cr.P.C., 1973 against the judgment dated 19.09.2009 passed by the learned Additional Sessions Judge (Fast Track), Balotra Headquarter Barmer Camp Balotara in Sessions Case No. 57/2008 by which the learned Judge convicted the accused-appellants for offences under Sections 302/34, 323/34, 342/34 IPC and passed the following sentence:-

Section 302/34 IPC - Life imprisonment and a fine of Rs. 1000/- each in default to further undergo 1 months simple imprisonment.

Section 323/34 IPC - Six months' simple imprisonment and a fine of Rs. 500/- each in default to further undergo 15 days simple imprisonment.

Section 342/34IPC - Six months' simple imprisonment and a fine of Rs. 500/- each in default to further undergo 15 days simple imprisonment.

2. All the sentences were ordered to run concurrently. The brief facts of the case are that on 24.07.2008, complainant Gulab Kanwar w/o Chhail Singh (PW/12) filed a report at the police station Siwana alleging that on 23.07.2008 in the evening at about 8.30-9 PM, she was cooking food, at that time, she heard hue and cry of her husband Chhai





























































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