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2022 Supreme(Raj) 17

PANKAJ BHANDARI, ANOOP KUMAR DHAND
Bhupendra Singh S/o Shri Ratan Lal – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Anil Kumar Upman
For the Respondent: Mr. Javed Chaudhary, AGA.

JUDGMENT :

Anoop Kumar Dhand, J.

Reportable :

1. Both these criminal appeals arise out of a common judgment, hence same are being decided by a common judgment.

2. Both the criminal appeals have been filed by the accused appellants under Section 374(2) Cr.PC against the judgment dated 11.01.2018 passed by the Court of learned Additional Sessions Judge No.2 Bharatpur (for short 'the learned trial court') in Sessions Case No.42/2016 (State of Rajasthan v. Bijendra & Ors.), whereby the learned trial court while acquitting appellants Bijendra Singh & Ghanshyam for the offence under section 302 IPC, extended benefit of probation under Section 4 of the Probation of of fenders Act 1958 (for short 'the Act of 1958') for the offence under sections 341, 323 and 325 IPC and directed them to deposit compensation of Rs. 25,000/- each, under Section 5 of the Act of the Probation of fenders Act, 1958 and also directed that out of the said amount of compensation, Rs.40,000/- be paid to the wife of the deceased Smt. Neeraj. The learned trial court vide impugned judgment dated 11.01.2018 convicted an

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