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2019 Supreme(Raj) 154

SANDEEP MEHTA, VINIT KUMAR MATHUR
Bhatta Ram – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Petitioner: Tarun Dhaka, Amicus Curiae.
For the Respondents: N.S. Bhati, Public Prosecutor.

JUDGMENT :

SANDEEP MEHTA, J.

1. The accused Bhatta Ram stands convicted and sentenced as below vide judgment dated 22.02.2017 passed by the learned Additional Sessions Judge, Bali, District Pali, (Camp Desuri) in Sessions Case No. 40/2009:

Offence

Sentence

Fine

Fine Default sentence

Under Section 302 IPC

Life Imprisonment

Rs. 10,000/-

Six Months' Additional Simple Imprisonment

2. Being aggrieved of his conviction and sentence, the accused appellant has preferred the instant appeal under Section 374(2) Cr.P.C.

3. Brief facts relevant and essential for disposal of the appeal are noted herein below:

Kesaram (PW-3) submitted a written report (Ex. P/15) to the SHO Police Station Desuri, District Pali at the Suresh Piau (place of the occurrence) on 03.05.2009 at 04.30 p.m. alleging inter alia that his brother Bheraram son of Balaji, resident of Chhoda had gone towards Kelwa with his wife and children for doing labour jobs. The complainant claims to have received an information on 03.05.2009 at about 3-4 o' clock that a dead body was lying behi

















































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