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2022 Supreme(Raj) 507

SANDEEP MEHTA, VINOD KUMAR BHARWANI
Pancha Ram S/o Shri Shankra Ram – Appellant
Versus
State, Through PP – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Rajesh Kumar
For the Respondent: Mr. B.R. Bishnoi, AGC

JUDGMENT :

MEHTA, J.

1. The appellant herein has been convicted and sentenced as below vide judgment dated 08.11.2019 passed by learned Sessions Judge, Jodhpur in Sessions Case No.73/2016:-

Offence under Section Sentences Fine Sentence in lieu of default of payment of fine

302 IPC Rigorous Life Imprisonment Rs.25,000/- 1 month’s Additional R.I.

341 IPC -- Rs.500/- 5 Days’ SI

323 IPC -- Rs.1,000/- 5 Days’ SI

2. He has preferred the instant appeal under Section 374(2) Cr.P.C. for assailing the impugned judgment of conviction and the sentences awarded to him by the trial court.

3. Briefly stated the facts relevant and essential for disposal of the instant appeal are noted hereinbelow:-

Manohar (PW.2) submitted a written report (Ex.P/1) to the SHO Police Station Shergarh on 27.02.2016 at 10:00 PM alleging inter alia that on the same day evening at about 8:30, his father Shri Ramesh Kumar was proceeding towards Punjaram Ki Dhani. Pancha Ram came across with a lathi in his hand and launched an assault on Shri Ramesh Kumar who raised a hue and cry. On hearing the sounds of commotion, the informant, his mother and Shri Punja Ram rushed to the spot and in their view, Pancha Ram inflicte

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