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2021 Supreme(Raj) 407

SANDEEP MEHTA, DEVENDRA KACHHAWAHA
Ganesh Lal – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
R.S. Gill, Advocate, R.R. Chhaparwal, Advocate

JUDGMENT

Sandeep Mehta, J. - The appellant herein has been convicted and sentenced as below vide judgment dated 28.05.2016 passed by the learned Additional Sessions Judge No.3, Bhilwara in Sessions Case No.41/2015 (23/2010):

Offence

Sentences

Fine

Fine Default sentences

Sec. 302 IPC

Life Imprisonment

Rs.1,000/-

1 Months Additional Simple Imprisonment

2. Being aggrieved of his conviction and sentence, the appellant has approached this Court by way of this appeal under Section 374(2) Cr.P.C.

3. Facts relevant and essential for disposal of the appeal are noted hereinbelow:

4. The dead body of one Ladudas Vaishnav who used to serve in the Ganesh Prajapat Hanumanji Temple, Krishi Upaj Mandi, Bhilwara, was found lying in an abandoned condition by one Pyarchand S/o Amraji working as a Guard in the Krishi Upaj Mandi, Bhilwara. Shri Pyarchand lodged a written report (Ex.P/24) at the Police Station Subhash Nagar, Bhilwara on 25.09.2009 alleging that some unknown person had hit Ladudas by a stone and killed him. On the basis of this report, an FIR No.306/2009 (Ex.P/25) came to be registered at Police Station Subhash Nagar, Bhilwara and investigation was commenced. The dead bo

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