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2017 Supreme(Raj) 2515

AJAY RASTOGI, KANWALJIT SINGH AHLUWALIA
Mahesh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Respondent: J.P.S. Choudhary Public Prosecutor

JUDGMENT :

Kanwaljit Singh Ahluwalia, J.

Mahesh son of Haja, Dinesh son of Ramji and Manheng son of Hirji, residents of Unti, Purani Tehsil Garhi, Banswara in Sessions Case No. 122/2011 were tried by the court of Additional Sessions Judge, Banswara. The said court vide impugned judgment dated 21.6.2014 held accused Mahesh guilty of offences punishable under Sections 302 and 394 IPC, whereas accused Dinesh and Manheng were held guilty of offences punishable under Section 302/34 and 394/34 IPC.

2. Having convicted the accused appellants for the aforesaid offences, the trial court vide a separate order of even date sentenced the appellants as under :-

U/s. 302 and 302/34 IPC-to undergo life imprisonment and to pay a fine of Rs. 10,000/- each, in default of payment of fine to undergo additional three months RI.

U/s. 394 IPC-to undergo ten years RI and to pay a fine of Rs. 5,000/- each, in default of payment of fine to undergo additional two months RI.

3. Aggrieved against their conviction and sentence, the appellants have filed the instant appeal.

4. The criminal proceedings in the present case were set into motion on the basis of written report (Exhibit-P/3) presented by Taju (P.W.2) before






























































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