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2018 Supreme(Raj) 1733

MUNISHWAR NATH BHANDARI, DINESH CHANDRA SOMANI
Manisha – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr Manoj Avasthi, Advocate, for the Appellant; Mrs Sonia Shandilya, PP, for the Respondent; Mr Mahendra Goyal, Advocate, for the Complainant

JUDGMENT

Munishwar Nath Bhandari, J. - These criminal appeals have been filed against the order dated 17.1.2017 passed by Additional Session Judge, Neemkathana, Sikar in Sessions Case No.40/2013, whereby, all the accused appellants have been convicted for offence under section 302 and 120B IPC and sentenced to life imprisonment and fine of Rs. 5000/-, in default to pay fine, to further undergo six months simple imprisonment for the offence under section 302 IPC and five years simple imprisonment and fine of Rs. 2000/-, in default to pay fine, to further undergo two months simple imprisonment for the offence under section 120B IPC. Both the sentences have been ordered to run concurrently.

Facts Of The Case

2. An FIR was registered with the Police Station - Sadar, Neemkathana, Sikar for offence under section 302 and 120B IPC. The report for it was made by complainant Jaimal Rawat (PW-7) vide Ex.P.13. It was stated that while he was sleeping at his residence on 20.6.2013, at around 5.00 AM, Om Prakash Gurjar informed him that Rakesh is lying dead on the road side. He along with Hoshiar went on the spot and found that deceased Rakesh, employed in Police Department, was lying dead. He wa

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