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2021 Supreme(Raj) 184

SANDEEP MEHTA, DEVENDRA KACHHAWAHA
Sunil Kumar S/o Late Shri Shanti Lal Soni – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Suresh Kumbhat.
For the Respondent: Mr. Anil Joshi, PP.

Table of Content
1. overview of the case and charges (Para 1 , 2)
2. arguments presented by the defense (Para 3 , 9 , 10)
3. court's analysis and findings (Para 6 , 11 , 12 , 24 , 34)

JUDGMENT :

MR. DEVENDRA KACHHAWAHA, J.

The instant D.B. Criminal Appeal has been preferred under Section 374(2) of Cr.P.C. on behalf of the appellant-accused against the judgment dated 30.11.2018 passed by the Additional Sessions Judge No.2, Abu Road, District Sirohi in Sessions Case No. 65/2016 (12/2015) whereby, the appellant-accused was convicted and sentenced as under:-

Offence Under Section

Sentence

Fine Rs.

Sentence in default of payment of fine

302 IPC

Life Imprisonment

Rs.20,000/-

1 Year R.I.

201 IPC

3 Years’ R.I.

Rs.10,000/-

6 Months’ R.I.

380 IPC

5 Years’ R.I.

Rs.10,000/-

6 Months’ R.I.

2. Briefly put the facts of the case are that on 01.11.2014 at around 12:30 a.m., Om Prakash – PW-1 lodged a written report (Ex.P/1) for the offence committed on 31.10.2014. It was alleged in the report that on 31.10.2014 at around 09:00 p.m., he received an information that

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