State, Through PP vs Surendra Kumar @ Mandia S/o Sh. Banshilal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 614

SANDEEP MEHTA, VINOD KUMAR BHARWANI
State, Through PP – Appellant
Versus
Surendra Kumar @ Mandia S/o Sh. Banshilal – Respondent

Advocates Appeared:
Mr. Nishant Motsara for accused-appellant Surendra Kumar.
Mr. Anil Joshi, GA-cum-AAG (In Charge), Mr. R.R. Chhaparwal, PP, Mr. Manjeet Godara for complainant.

JUDGMENT :

By The Court : Per Mehta, J.

1. The accused appellant Surendra Kumar @ Mandia has been convicted for the offences punishable under Sections 450, 376 and 302 IPC and has been sentenced as below vide judgment dated 29.11.2021 passed by learned Sessions Judge, Hanumangarh in Sessions Case No.63/2021:-

Offence	Sentence and fine awarded
Section 302 IPC	Death penalty with a fine of Rs.10,000/-. In case, the death penalty is not affirmed, the appellant shall undergo additional simple imprisonment of 1 year.
Section 376 IPC	Life imprisonment with a fine of Rs.10,000/-and in default of payment of fine, 1 year’s additional simple imprisonment
Section 450 IPC	3 years’ simple imprisonment and a fine of Rs.10,000/-and in default of payment of fine, 6 months’ additional simple imprisonment.

2. Facts in succinct are noted hereinbelow:-

3. Banwarilal (P.W.1) lodged a written report (Ex.P/1) to the SHO, Police Station Pilibanga at the place of incident i.e., Village Dulmana, Tehsil Pilibanga on 16.09.2021 at 5.00 AM alleging inter a