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2023 Supreme(Raj) 394

ARUN BHANSALI, RAJENDRA PRAKASH SONI
Om Kanwar W/o Gajendra Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. B.S. Rathore.
For the Respondent: Mr. B.R. Bishnoi, PP., Mr. Manish Bohra.

ORDER :

ARUN BHANSALI, J.

1. The appellant has preferred this appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’) aggrieved against the judgment dated 20.07.2018 passed by Additional Sessions Judge No.1, Parbarsar, District Nagaur (hereinafter referred to as ‘the trial court’) in Session Case No.37/2011, whereby appellant, Om Kanwar, has been convicted for offence under Section 302 IPC and sentenced for life imprisonment with a fine of Rs.20,000/-with default stipulation to undergo six months’ additional simple imprisonment.

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

3. On 11.03.2010 complainant, namely, Shankar Singh (PW.6) appeared at Police Station Gachichhipura and gave a written report (Exhibit-P/1) to the effect that on 10.03.2010 he and his wife were not at home, only his daughter-in-law and grand daughter were at home. He had left them hale and hearty. His neighbourer telephoned him indicating that his grand daughter was not well, on which he came home and saw her, however, could not understand anything and took her to Badu, where the doctor informed that she was dead; as it was already

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