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2018 Supreme(Raj) 819

SANGEET LODHA, VIRENDRA KUMAR MATHUR
SUKHDEV SINGH – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates:
Advocate Appeared:
Nishant Bora, Arun, Pallav Sharma, J.P.S. Choudhary, H.S.S. Kharlia, Trilok Singh, Adv.

JUDGMENT

Sangeet Lodha, J.

This appeal is directed against judgment and order dated 7.9.07 passed by the Additional Session Judge, Srikaranpur in Sessions Case No.16/05, whereby the appellants have been convicted for offence under Section 302 IPC and sentenced to undergo life imprisonment with fine Rs. 5,000/- each; on default in payment of fine to further undergo three months' simple imprisonment.

2. In the nutshell, the prosecution story may be summarized thus: On 30.11.04, complainant Navraj Singh submitted a written report (Ex.P/1) stating therein that in the morning around 10 A.M., he alongwith Sukhraj Singh and Devendra Singh went to the agriculture field comprising murabba no.21 chak 23F Rohi Kaminpura for lifting irrigation availing his water turn. Out of the said field, Sukhraj Singh had taken 12.5 bighas from Devendra Singh and 4 bighas from Darshan Singh for cultivation on contract basis. But Sukhdev Singh s/o Harjinder Singh wanted to avail the water turn of his uncle Darshan Singh. On this issue, on several occasions, the dispute arose in between Sukhdev Singh and Sukhraj Singh. On the fateful day, for convincing Sukhdev Singh, the complainant and Devendra Singh were take






































































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