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2023 Supreme(Raj) 57

PANKAJ BHANDARI, BHUWAN GOYAL
Nirbhay @ Natto S/o. Shri Fatehsingh – Appellant
Versus
State of Rajasthan, Through P. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Kapil Gupta with Mr. Chitransh Saxena, Mr. Adarsh Singhal, Ms. Nidhi Sharma, Ms. Anisha Yadav, Mr. Ashvin Garg.
For the State : Mr. Javed Choudhary, Addl. G.A.

JUDGMENT :

1. The appellants have preferred these criminal appeals against the judgment dated 22.06.2016 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Alwar in Sessions Case No.92/2013 whereby accused appellant – Nirbhay @ Natto has been convicted for the offence under Section 302/34 IPC and accused appellant – Anil Kumar has been convicted for the offence under Section 302 IPC and both were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/- each, in default of payment of fine, to further undergo 1 year simple imprisonment.

2. Succinctly stated the facts of the case are that on 27.04.2013 complainant–Jagdish Prasad Verma submitted a tehriri report (Ex.P-1&2) at Police Station, Kathumar, District Alwar, upon which, an FIR bearing No.166/2013 has been registered for the offences under Section 364 IPC and Section 3(2)(v) of the SC/ST Act. It was submitted in the report that on 23.04.2013 his son Amit Verma, who is a Teacher in Government Senior Secondary School, Jodhpura (Kathumar) went on the motorcycle of the complainant and that he was called by Anil Kumar at Teetpuri Bus Stand. It is also mentioned in the complaint that at abo

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