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2019 Supreme(Raj) 2800

SANDEEP MEHTA, ABHAY CHATURVEDI
Hema Ram – Appellant
Versus
State of Rajasthan Through Public Prosecutor – Respondent


Advocates Appeared:
Suresh Kumbhat, Adv., Anil Joshi, Adv.

JUDGMENT

1. The appellants herein have been convicted and sentenced as below vide judgment dated 14.08.2015 passed by the learned Additional Sessions Judge, Bali, District Pali in Sessions Case No.48/2009:

    Offences

    Sentences

    Fine

    Fine Default sentences

    Section 302/34 IPC

    Life Imprisonment

    Rs.3,000/

    6 Months Additional S.I.

    2. Being aggrieved of their conviction and sentences, the appellants have 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. The deadbody of Gulab Singh was seen lying in the premises of the Ayurved Hospital, Village Falna in the morning of 18.08.2009. The FIR (Ex.P/42) came to be lodged by Shankar Singh (PW-3) at the Police Station Falna on 18.08.2009 at 9 am. in which, suspicion was cast that some unknown persons had murdered his brother Gulab Singh. The house of the appellants is located adjacent to the Hospital and thus, the finger of suspicion was pointed towards them. The prosecution claims that a sniffer dog was summoned from Pa

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