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2022 Supreme(Raj) 1767

SANDEEP MEHTA, SAMEER JAIN
Sanwra – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Ms. Yogita Mohnani, Mr. B.L. Choudhary, for the Appellant
Mr. B.R. Bishnoi, Agc, for the Respondent.

JUDGMENT

Mehta, J. - The appellants herein have been convicted and sentenced as below vide judgment dated 07.11.2015 passed by the learned Additional Sessions Judge No.2, Bhilwara in Sessions Case No.6/2013:

Accused Sanwra:-

Offences Under Section

Sentences

Fine

Fine Default sentences

302 IPC

Life Imprisonment

Rs.3,000/-

1 year's further Rigorous Imprisonment

365 read with Section 120B IPC

4 Years' R.I.

Rs. 1,000/-

6 months' further Rigorous Imprisonment

Accused Govind Ram:-

Offences Under Section

Sentences

Fine

Fine Default sentences

365 read with Section 120B IPC

4 Years' R.I.

Rs.1,000/-

6 months' further Rigorous Imprisonment

All the sentences were ordered to run concurrently.

2. Being aggrieved of their conviction and sentences, the appellants have preferred these appeals under Section 374(2) Cr.P.C. Since both these appeals arise out of a common Judgment, they have been heard and are being decided together.

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

4. The complainant Prem Lal (PW-1), submitted a complaint (Ex.P/23) at the Police Station Mandal on 09.11.2012 alleging inter alia that two days earlier, at about 8 o'clock, his nephew Shyamlal aged abo

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