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2023 Supreme(Raj) 1145

MANOJ KUMAR GARG
Rajaq @ Raju S/o Rahman Bux – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: J.V.S. Deora.
For the Respondent: Mukesh Trivedi.

JUDGMENT :

MANOJ KUMAR GARG, J.

1. By this revision, the petitioner-convicts are challenging the judgment and order dated 05.05.2014 passed by the learned Additional Sessions Judge No. 1, Udaipur Camp Mawli, District Udaipur whereby, the learned Judge dismissed the appeal filed by the petitioners and upheld the conviction and sentence passed by learned Judicial Magistrate, First Class, Mawli, District Udaipur, as under:

Under Section 457 IPC

Two years simple imprisonment and fine of Rs. 2000/- each in default of payment of fine to further undergo one month additional S.I.

Under Section 380 IPC

Two years simple imprisonment and fine of Rs. 2000/- each in default of payment of fine, to undergo two months S.I.

Both the sentences were ordered to run concurrently.

2. Briefly stated, the prosecution case as set up is that the complainant Rajaq submitted a written report before the Police station stating therein that he and his family members had gone to their uncle’s house. When they came back in the morning, they found that some unknown persons had broke open loc

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