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2017 Supreme(Raj) 2681

MOHAMMAD RAFIQ, KAILASH CHANDRA SHARMA
Bharat Singh – Appellant
Versus
State Of Rajasthan – Respondent


Advocates Appeared:
Mr. Arvind Kumar Gupta Sr. Advocate assisted by Ms. Sakshi Swami, Advocate, for the Appellants; Mr. R.S. Raghav, P.P, for the Respondent/State

JUDGMENT

Mohammad Rafiq, J. - This appeal is preferred before this Court against the impugned judgment dated 29.09.2015 passed by the learned court of Additional District and Sessions Judge, Bhawani Mandi, District Jhalawar, who thereby convicted the accused appellants for offence under Section 302 of 34 I.PC. and sentenced each of them to life imprisonment with fine of Rs. 10,000/-, in default to 5 payment of fine, they were to further undergo six months simple imprisonment. They have also been convicted for offence under Section 341 I.PC. and each of them has been sentenced to one month''s simple imprisonment with a fine of Rs. 500/-, in default of payment of fine, they were to further undergo 7 days simple imprisonment. Both the sentences were ordered to run concurrently.

2. Brief facts of the case are that Sh. Bhavarlal (PW-14), the Sub-Inspector of Police Station Bhawani Mandi, District Jhalawar recorded ''Parcha Bayan'' of one Rood Singh on 08.09.2009 on Bed No. 6, Ward No. 4, Primary Health Centre, Bhawani Mandi, District Jhalawar at about 6:45 PM. Rood Singh in this ''Parcha Bayan'' stated that on 08.09.2009 while coming back from Bhawani Mandi with his son Peeru Singh on hi

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