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2021 Supreme(Raj) 141

SANDEEP MEHTA, RAMESHWAR VYAS
Baljindra Singh @ Binder Singh S/o Karnail Singh – Appellant
Versus
State of Rajasthan, through P. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Deepak Menaria, Mr. Dhirendra Singh, Mr. B.S. Sandhu, Mr. D.S. Gharsana
For the Respondent: Mr. R.R. Chhaparwal, Mr. Rakesh Matoria

JUDGMENT :

MEHTA, J.

1. The appellants herein have been convicted and sentenced as below vide Judgment dated 30.11.2012 passed by the learned Additional Sessions Judge, Anoopgarh, District Sri Ganganagar in Sessions Case No.56/2008:

Offences

Sentences

Fine

Fine Default sentences

Section 302 IPC

Life Imprisonment

Rs.5,000/-

- 1 Month’s S.I.

2. Being aggrieved of their conviction and the sentence awarded, 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. Khemchand (PW-1) lodged a written report to the SHO Police Station Anoopgarh on 02.09.2008 at 1.10 am, alleging inter alia that he alongwith his brother Praveen Kumar @ Pinnu and mother Mitlo Bai, used to live in their house at Ward No.13, Anoopgarh. On the night of 01.09.2008, at about 8.00 pm, Baljindra Singh @ Binder, Banti, Joga Singh and Sardul Singh @ Sectori (the appellants herein) took his brother Pinnu alongwith them saying that they were going for some work and would return in an hour. The in

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