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2021 Supreme(Raj) 999

SANDEEP MEHTA, RAMESHWAR VYAS
Hanuman Singh – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Mr. Kapil Gupta with Mr. Dharmendra Kumar, Ms. Nidhi Sharma, Mr. R.S. Sinsinwar, for the Appellant; Ms. Rekha Madnani, AGA, for the Respondent

JUDGMENT

Sandeep Mehta, J. - The appellants herein have been convicted and sentenced as below vide Judgment dated 24.09.2016 passed by the learned Additional Sessions Judge (Special Court) Sawai Madhopur in Sessions Case No.41/2016:

Offences

Sentences

Fine

Fine Default sentences

Section 302/34 IPC

Life Imprisonment

Rs.2,000/- each

6 Month’s S.I.

Section 323 IPC

3 Months’ S.I.

 

 

All the substantive sentences were ordered to run concurrently

2. Being aggrieved of their conviction and sentences, 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. The victim Gopal son of Jagannath Kothyari lodged a written report (Ex.P/1) to the SHO, Police Station Bowli on 24.11.2013 alleging inter alia that he was working in his field. In the afternoon at about 3 O' Clock, the accused Hanuman Singh, Gopal S/o Ramkishore, Kuldeep, Bahadur, Jai Singh, Rasaal and Sampat, with an intention to do mischief, put a water pipe on the passage on which,

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