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2019 Supreme(Raj) 1628

SANDEEP MEHTA, VINIT KUMAR MATHUR
Sohan Lal – Appellant
Versus
State – Respondent


Advocates Appeared:
Mr. Sunil Joshi, Amicus Curiae, Advocates, for the Appellant; Mr. N.S. Bhati, PP, for the Respondent

JUDGMENT

Vinit Kumar Mathur, J. - The present appeal was listed on 20/02/2019 before this Court and Mr. Sunil Joshi, Advocate was appointed as an Amicus Curiae to assist the Court on behalf of the accused-appellant as the counsel Mr. Amitabh Acharya who filed the represented appeal had pleaded no instructions.

2. The present criminal appeal under section 374(2) of Cr.P.C., 1973 has been preferred by the accused-appellant against the judgment and order of conviction dated 30.03.2009 passed by the learned Additional District and Sessions Judge (Fast Track), Rajsamand in Sessions Case No.49/2008 whereby the accused-appellant has been convicted and sentenced as under:-

Offence

Sentence

Fine

In Default

302 IPC

Life imprisonment

Rs.5000/-

Six months additional imprisonment

498-A IPC

One year rigorous imprisonment

Rs.2000/-

Three months additional imprisonment

The sentences were ordered to run concurrently except for those in default of payment of fine.

3. The facts in narrow compass are that a written report (Ex.P/1) was filed on 20.09.2008 to

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