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2023 Supreme(Raj) 433

ARUN BHANSALI, RAJENDRA PRAKASH SONI
Santosh Bai W/o Late Shri Manohar Lal Dethudia – Appellant
Versus
State of Rajasthan – Respondent


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

ORDER :

1. Accused-appellant, Manohar Lal Dethudia has preferred the present appeal under Section 374 (2) Cr.P.C. aggrieved against the judgment dated 13.11.2009 passed by Additional Sessions Judge No.2, Chittorgarh (‘the trial court’) in Session Case No.37/2005 whereby Manohar Lal Dethudia was convicted for offence under Sections 302 and 201 of IPC and sentenced him as under:

302 IPC

Life Imprisonment with fine of Rs.10,000/- with default stipulation to further undergo six months’ additional simple imprisonment.

201 IPC

Seven Years’ rigorous imprisonment with fine of Rs.5,000/-with default stipulation to further undergo three months’ additional simple imprisonment.

2. During pendency of the present appeal, accused/appellant Manohar Lal Dethudia died on 01.07.2020 and an application under proviso to Section 394 (2) Cr.P.C. was filed by his wife, Smt. Santosh Bai, which came to be allowed on 20.07.2022 while condoning the delay in filing the application and the applicant Smt. Santosh Bai was granted leave to continue the appeal.

3. Brief facts relevant

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