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2023 Supreme(Raj) 1012

VIJAY BISHNOI, MADAN GOPAL VYAS
Nanak Ram S/o Bhagu Ram – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. HSS Kharlia, Sr. Advocate, assisted by Ms. Kinjal Purohit, for the Appellant; Mr. B. R. Bishnoi, PP, for the Respondent.

JUDGMENT

Vijay Bishnoi, J. - The present criminal appeal under Section 374 Cr.P.C. has been filed by the appellant against the judgment dated 15.12.2017 passed by the Additional Sessions Judge, Srikaranpur, District Sriganganagar (for short ’the trial court’) in Sessions Case No.11/2016 (C.I.S. No.14/2016), whereby the appellant has been convicted for the offence punishable under Section 302 IPC and sentenced for life imprisonment with a fine of Rs.2,000/-.

2. Brief facts of the case are that P.W.-3 Najar Singh lodged a written report (Exhibit/P-5) before the SHO, Police Station, Gajsinghpur, District Sriganganagar stating therein that he is resident of Srikaranpur and having four daughters and one son namely Jagsir Singh aged about 26 years. He also stated in the written report that accused Nanak Ram is his neighbour and on 24.03.2016, at about 02:30 PM, he was at his house and his wife, son Jagsir Singh and daughter-in-law were celebrating Holi in their house; the house of neighbour Nanak Ram is seen from his house because the height of wall situated in between their houses is short; at that time, accused Nanak Ram was in drunken state and was hurling abuses, upon which, his son Ja

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