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2023 Supreme(Raj) 775

MAHENDAR KUMAR GOYAL
Gurudyal Singh son of Shri Ujagar Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Bhavana Choudhary with Ms. Anjum Parveen Salawat for Mr. Mohit Balwada
For the Respondent: Mr. Imran Khan, P.P.

JUDGMENT :

1. Learned Public Prosecutor has submitted a copy of the report dated 30.08.2023 furnished by the Station House Officer, Police Station Kishangarh Bas, District Khairthal-Tijara for perusal of this Court.

2. The report is taken on record.

3. This criminal appeal has been filed by the accused-appellant (for brevity “the appellant”) against the judgment dated 10.03.1989 passed by the learned Additional Sessions Judge, Kishangarh Bas, District Alwar (for brevity “the learned trial Court”) in Sessions Case No.20/1988: State of Rajasthan versus Gurudayal Singh & Anr. whereby, the appellant has been convicted and sentenced as under:-

    (i). under Section 304 Part II IPC:-4 years’ rigorous imprisonment with fine of Rs. 1,000/-; in default thereof, 5 months’ rigorous imprisonment.

4. The relevant facts in brief are that a written report dated 05.03.1988 (Exhibit-P-6) came to be lodged by Shri Pritam Singh (PW-3) with the Police Station Kishangarh Bas, District Alwar wherein, it was alleged that on that very day at about 8:00 PM, Rajendra Singh was inflicted with a stab wound on his chest by the appellant with a knife whereupon, an FIR No.34/1988 (Exhibit-P-7) came to be lodged on 06.0

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