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2019 Supreme(Raj) 1154

SANDEEP MEHTA, ABHAY CHATURVEDI
Shyam Sunder @ Sundariya @ Samundra S/o Jagat Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Appellant :Mr. J.S. Choudhary, Sr. Advocate with Mr. Pradeep Choudhary and Amardeep Lamba.
For the Respondent: Mr. Anil Joshi, PP. Mr. D.S. Mehlana.

JUDGMENT :

MEHTA, J.

1. The appellant herein has been convicted and sentenced as below vide judgment dated 03.09.2016 passed by the learned Sessions Judge, Churu in Sessions Case No.14/2013 (21/2009):

Offences

Sentences

Fine

Fine Default sentences

Section 302 IPC

Life Imprisonment

Rs.2,000/-

 

Section 3/25 of the Arms Act

1 Year’s

S.I. Rs.2,000/-

1 Month’s S.I.

All the substantive sentences were ordered to run concurrently.

2. Being aggrieved of his conviction and sentences, the 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:

4. One Shri Vijendra Singh (PW-6) lodged a written report (Ex.P/20) to the SHO, Police Station Rajgarh, District Churu on 06.02.2009 at 08.00 pm. alleging inter alia that on the same day at about 4 O’ Clock in the evening, he, alongwith his cousin Virendra reached Sheetla Bazar, Rajgarh in a vehicle driven by Gyan Singh. At the Sheetla Chowk, Virendra Singh got down from the car and went to a barber’s shop. The i

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