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2019 Supreme(Raj) 943

MANOJ KUMAR GARG
Visarama – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Appellant : R.S. Rathore
For the Respondent: Mukesh Trivedi, PP

JUDGMENT :

Manoj Kumar Garg, J.

1. Instant criminal jail appeal has been filed by the appellant through the Superintendent, Central Jail, Udaipur against the judgment dated 27.07.2012 passed by learned Additional and Sessions Judge, Pratapgarh (hereinafter referred to as 'the trial court') whereby, the learned trial court convicted the accused appellant for offence under Sections 307 & 324 IPC and sentenced as under:

Offence

Sentence

Fine

In default

Sec. 307 IPC

10 years R.I.

 

Rs.5,000/-

 

1 year additional sentence

Sec. 324 IPC

2 years R.I.

Rs.1,000/-

 

2 months additional sentence

2. Both the sentences were ordered to be run concurrently.

3. Briefly stated the facts of the case are that on 10.08.2010 complainant-injured Madanlal (PW-2) had given his statement to the Police during treatment at Government Hospital, Pratapgarh to the effect that on 10.08.2010 when he was at his home, he heard some noise of quarrel near the school. The complainant-injured went there and saw that the accused-appellant along with other accused-persons was beating his uncle La

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