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2022 Supreme(Raj) 1980

PANKAJ BHANDARI, ANOOP KUMAR DHAND
Jagdish – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Govind Prasad Rawat, Advocate, Javed Choudhary, Advocate

JUDGMENT

anoop Kumar Dhand, J. - The appellant has preferred instant appeal under Section 374(2) Cr.P.C aggrieved against the judgment dated 25.10.2017 passed by the Court of learned additional Sessions Judge, Ramganj Mandi, District Kota (hereinafter referred to as 'the trial Court') in Sessions case No.28/2016, whereby the appellantJagdish has been convicted and sentenced as under:-

Offence Under Section

Sentence

Fine

In default of Payment of Fine

302 IPC

Life Imprisonment

5,000/-

One month RI

2. Skeleton facts relevant and essential for disposal of the appeal are as under:-

    'On 19.08.2016, the FIR bearing No.185/2016 (Ex.P-8) was registered at Police Station Modak, District, Kota on the basis of the written report (Ex.P.42) submitted by Babu Lal (PW-2). In the report, he alleged that he is resident of Mahaveer Colony, Modak. They are three brothers. Yesterday, on the day of 'Rakshbandhan', his wife Badam Bai and children Pooja and Vishan were at home. His mother Sita Bai and Jagdish were also at home. On the same day, at about 2:30 PM, Pappu, son of his brother-in-law Bhanwarlal came on a motor cycle to take his wife. His wife Badam Bai and daughter Pooja went with Pappu to his matrimonial

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