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2021 Supreme(Raj) 557

SANDEEP MEHTA, DEVENDRA KACHHAWAHA
Narendra Kumar @ Kallu – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Rajendra Soni, Advocate, Anil Joshi, Advocate

JUDGMENT

Sandeep Mehta, J. - Reportable

The instant appeal has been preferred by the accused appellants being aggrieved of the judgment dated 14.9.2011 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act, Sriganganagar in Sessions Case No.53/2007 by which, they were convicted and sentenced as below:-

Conviction for Offences under Sections

Sentences

302/120B I.P.C.

Life imprisonment with fine of Rs.5000/- each in default 6 months SI

364/120B I.P.C.

10 years R.I. with fine of Rs.2000/- each in default, 4 months S.I.

Both the sentences were ordered to run concurrently.

2. Facts relevant and germane for disposal of the appeal are noted hereinbelow:

    The complainant Babulal Paswan lodged a complaint (Ex.P11) in the court of Chief Judicial Magistrate, Sriganganagar on 22.6.2006 stating inter-alia that he was an auto-rickshaw driver and that his wife Smt.Tara Devi used to do domestic chores in various households for sustaining the family. They had five children out of which, three were living in their village and other two, namely Ajay and minor daughter Sunita, were living with them in Ganganagar. On 14.6.2006, as usual, Sunita left his house in the morning to carry out the

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