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2022 Supreme(Raj) 2334

VINIT KUMAR MATHUR
Bhaira Ram – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
S.G. Ojha and A.K. Upadhyay, Advocates., for the Appellant
Laxman Solanki, PP., for the Respondents

JUDGMENT

Vinit Kumar Mathur, J. - Instant Criminal Appeal has been preferred under Section 374(2) of IPC against the impugned judgment dated 21.09.1991 passed by the learned Additional Sessions Judge No. 2, Hanumangarh Camp Suratgarh in Sessions Case No. 34/86. Vide judgment dated 21.09.1991, the appellant has been convicted and sentenced as under:-

Section

Sentence

Section 304 Pt. II I.P.C.

7 years R.I. and Fine of Rs. 500/- and in default further 3 months R.I.

2. The present appeal arises out of the incident which happened on 25.03.1986 at Dera situated at Bypass Road, Suratgarh. An FIR was registered under Section 307, 323, 147, 149 & 382 of IPC against the appellant. In the incident, Nathuram sustained injuries and during treatment, he succumbed to the injuries sustained in the incident and therefore, Section 302 of IPC was also added. The charge-sheet in the case was filed and the trial court after undertaking the trial proceedings, convicted the appellant for the aforesaid offences. Against the order dated 21.09.1991 passed by the trial court, the present appeal has been filed by the appellant.

3. Learned counsel for the appellant submits that the incident occurred in the heat of pa

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