PUSHPENDRA SINGH BHATI, ABHAY CHATURVEDI
Dharmesh @ Dharmendra – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Pushpendra Singh Bhati, J. - In this appeal under Section 374(2) of the Code of Criminal Procedure, the assailment is to the defensibility and legal validity of the judgment and order dated 04.07.2015 passed by learned Additional Sessions Judge, Salumber, District Udaipur in Sessions Case No.36/2012, convicting and sentencing the accused/appellant as under:-
| Under Section 302 IPC | Life imprisonment and a fine of Rs.1000/-, in default of payment of fine, to further undergo One year's S.I. |
| Under Section 398 IPC | Seven years' R.I. and a fine of Rs. 1000/-, in default of payment of fine, to further undergo One year's S.I. |
| Section 4/25 of Arms Act | Three months' R.I. |
All the substantive sentences were ordered to run concurrently.
2. Filtering the unnecessary details, the prosecution case, as unfurled, is that one Mahaveer Kumar Jain filed a written report on 26.01.2011 alleging therein that on 26.01.2011 itself, his nephew Vishal Kikawat has been attacked by an unknown person with a sharp-edged weapon, while he was closing his shop at about 8:00 p.m. and
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