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2022 Supreme(Raj) 197

SANDEEP MEHTA, SAMEER JAIN
Chhotulal S/o Nanda – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellants : V.N. Kalla, Bhagat Dadhich.
For the Respondent: B.R. Bishnoi.

JUDGMENT :

SANDEEP MEHTA, J.

1. The appellants herein have been convicted and sentenced as below vide judgment dated 06.02.2017 passed by the learned Additional Sessions Judge No. 1, Bhilwara in Sessions Case No. 02/2013:

Offences

 Sentences

 Fine

Fine Default sentences

Section 120B IPC

10 Years' R.I.

Rs. 3,000/-

3 Months' R.I.

Section 302 IPC

Life Imprisonment

Rs. 5,000/-

3 Months' R.I.

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. Smt. Rekha (PW-3) lodged a written report (Ex.P/4) to the SHO Police Station Hamirgarh, District Bhilwara on 09.09.2012 alleging inter-alia that her husband Amra had gone to the Banas river for loading a water tanker at 07.00 A.M. He had loaded the tanker from the well of Radheshyam Keer and was returning. On his way back, Chhotulal son of Nanda Gujar and Gopal son of Nanda Gujar, obstructed Shri Amra and thrashed him with an iron tami due to which,

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