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2021 Supreme(Raj) 1036

SANDEEP MEHTA, DEVENDRA KACHHAWAHA
Kala – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : JVS Deora
For the Respondents: Farzand Ali, AAG-cum-GA and Anil Joshi, PP

JUDGMENT :

Sandeep Mehta, J.

1. The appellant herein has been convicted and sentenced as below vide judgment dated 04.05.2015 passed by the learned Additional Sessions Judge No. 4, Udaipur in Sessions Case No. 92/2014 (363/2014) (C.I.S. No. 1181/2014):

Offence

Sentences

Fine

Fine Default sentence

Section 302 IPC

Life Imprisonment

Rs.5,000/-

2 Months’ R.I.

2. Being aggrieved of his conviction and sentences, the appellant has 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 appellant happens to be the husband of the deceased Smt. Sajki. The incident took place on 18.08.2014 wherein, it is alleged that after hot verbal exchanges between the appellant herein and Sajki on the issue as to why, she had sent the children to do labour jobs, the appellant inflicted lathi blows to Smt. Sajki as a result whereof, she fell down. The first informant Mugla (brother of the deceased) accompanied with Narsa, Mansha and Vaja, reached the place of occurrence and on seeing them, the ac

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