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2018 Supreme(Raj) 1542

MOHAMMAD RAFIQ, GOVERDHAN BARDHAR
Ram Sahai – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Appellant :Shri Biri Singh, Sr. Advocate with Shri Rajesh Choudhary
For the Respondent: Smt. Sonia Shandilya, P.P.

JUDGMENT :

MOHAMMAD RAFIQ, J.

This appeal has been filed by accused-appellants Ram Sahai and Ram Avtar challenging the judgment of Court of Sessions, Tonk dated 21.06.1991, whereby they were convicted for offence u/s.302 IPC read with Section 34 IPC and sentenced to life imprisonment with fine of Rs.100 each, in default of payment of which, they were to further undergo simple imprisonment of one month.

2. The facts of the case are that Ram Lal Son of Hardeva lodged a written report with the Police Station, Piplu on 01.08.1989 wherein it was alleged that he received an information in the village that dead body of a person was lying on the way near Deengra which proceeds to village Kutka. On receiving this information, being a member of the Gram Panchayat, he reached at that place and found dead body of Madya, resident of village Beejwad. It was also mentioned in the report that the deceased received various injuries on his person. On receiving the aforesaid information, a case for offence under Section 302 IPC was registered at Police Station, Piplu (Tonk) and investigation commenced. After completing the investigation, the Investigating Agency filed charge sheet against both the accus





































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