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2019 Supreme(Raj) 863

SABINA, GOVERDHAN BARDHAR
Shramraj – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Appellant : Sunil Tyagi and Vijay Choudhary on behalf of N.C. Choudhary
For the Respondents: Javed Choudhary

JUDGMENT :

1. Vide this order above mentioned two appeals would be disposed of.

2. Appellants had faced trial along with their co-accused Sheojilal in FIR No. 180 dated 09.07.2012 registered at police Station Itawa, District Kota Rural under Section 302/201 of Indian Penal Code, 1860 (hereinafter referred as 'IPC'). FIR was lodged at the instance of Prabhulal. Complainant had lodged the FIR on account of recovery of an unknown dead body in his Well on 09.07.2012 at about 7.00 a.m.

3. After completion of investigation and necessary formalities, challan was presented against the appellants and their co-accused Sheojilal.

4. Charges were framed against the appellants under Section 302, 302/34 and 201 I.P.C. Appellants did not plead guilty and claimed trial.

5. In order to prove its case, prosecution examined 22 witnesses, during trial. Appellants when examined under Section 313 Cr.P.C., after the close of prosecution evidence, prayed that they were innocent and had been falsely involved in this case. Appellants did not examine any witness in their defence.

6. Trial Court vide judgment/order dated 17.09.2016 ordered the conviction and sentence of the appellants under Sections 302 and 201 I.P

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