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2019 Supreme(Raj) 2903

SABINA, NARENDRA SINGH DHADDHA
Subhash – Appellant
Versus
State of Rajasthan Through PP – Respondent


Advocates Appeared:
Biri Singh Sinsinwar, Adv., Rajesh Choudhary, Adv., Rekha Madnani, Adv., M.K. Kaushik, Adv., Vikram Singh Shekhawat, Adv.

JUDGMENT

Narendra Singh Dhaddha, J. - Appellant has filed this appeal challenging the conviction and sentence as ordered by the learned Trial Court vide judgment & order dated 07.10.2016 for offence u/s 302 IPC.

2. Prosecution case was set in motion on the basis of report (Ex.P-1) lodged by complainant Shankar Lal. On the basis of the said report (Ex.P-1), a formal FIR No.426/2012 dated 27.11.2012 was registered at Police Station Sri Madhopur, District Sikar for offence punishable under Section 302 IPC.

3. Prosecution story, in brief, was that on 27.11.2012 at about 8.00 AM, deceased Girdhari had gone to answer the call of nature in Johda (Grass land). At that time, Chhoturam S/o Shri Manglaram, Murliram S/o Manglaram, Jhabar, Dholuram @ Daulatram, Sohanlal, Subhash sons of Shri Chhoturam, Sumitra W/o Jhabar Mal, Santoshi W/o Dholuram @ Daulat Ram, Gulabi Devi W/o Chhoturam and Subhash, Santosh Sons of Chhoturam and wives of both - all by caste, Sumitra D/o Chhoturam wife of Devilal and Devilal (son-law of Chhoturam) etc. came with stick and axe in their hands. They surrounded deceased Girdhari and inflicted injuries on his body with the weapons which were in their hands. As a result,

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