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2022 Supreme(Raj) 816

PANKAJ BHANDARI, BIRENDRA KUMAR
Satish@ Katariya S/o Umrav – Appellant
Versus
State Of Rajasthan Through PP – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Sudhir Jain, Mr. Parth Sharma, Mr. Monu Kumar, Mr. Anil Yadav
For the Respondents: Mr. Javed Choudhary, AGA, Mr. Gajanand Yadav, Mr. Subhash Sharma

JUDGMENT :

Birendra Kumar, J.

1. The sole appellant Satish @ Katariya has challenged the judgment of conviction and order of sentence dated 30.4.2015 passed in Sessions Case No. 38/2013 by learned Additional Sessions Judge, Khetri whereby the appellant was found guilty for offences under Section 302 and 504 IPC. For offence under Section 302 IPC, imprisonment for life was awarded along with fine of Rs. 20,000/-. On default of payment of fine, further one years’ Simple Imprisonment was ordered. For offence under Section 504 IPC, two years Simple Imprisonment was awarded. It is worth to mention here that co-accused Ravindra @ Bindu was also convicted by the impugned judgment, however his separate appeal abated due to death of Ravindra @ Bindu.

2. The prosecution case as disclosed in the FIR of Singhana Police Station Case No.185/2013 registered on written complaint of Rakesh Kumar, PW.3, is that in the night of 9.6.2013 at 09:30 PM, nephew of the informant Sunil Kumar (victim of murder) was at his Dharmkanta (vehicle weighing Machine). One Heera Lal (not examined), Satish son of Prabhati Lal, (PW.4), Prem Prakash (PW.1) and Satya Prakash (PW.2) were also sitting at the Dharamkanta. The

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