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2024 Supreme(Raj) 705

SUDESH BANSAL
Munna alias Jaid, S/o. Fakir Mohd. – Appellant
Versus
State of Rajasthan through Public Prosecutor – Respondent


Advocates Appeared:
For the Appellants : Mr. D.K. Dixit
For the Respondents: Mr. Laxman Meena, PP.

JUDGMENT :

(Sudesh Bansal, J.) :

1. Both accused-appellants have preferred this joint appeal under Section 374 CrPC, assailing the judgment dated 17.01.1991 passed in Sessions Case No.3/1988 (State Vs. Munna @ Jaid) by the Court of Special Judge, SC/ST (Prevention of Atrocities Cases), Jaipur whereby and whereunder appellants have been convicted for offence under Section 307 IPC and sentenced to undergo seven years rigorous imprisonment with fine of Rs.100/-each and in default to further undergo one month rigorous imprisonment.

2. The genesis of the present criminal appeal is a parcha bayan of Murarilal-complainant/ injured, who was a police Head Constable, made on 28.03.1988 whereupon FIR No.100/1988 was registered at Police Station Kotwali, Jaipur against appellants for offences under Sections 307 and 34 IPC. In parcha bayan (Ex.P4) injured Murarilal stated that Faiz Mohd. and Munna had rivalry from him and when he went at about 2:30 PM to get iron his clothes from washerman Kalu at Maniharo Ka Rasta, he was attacked by both accused with knife. He stated that he was stabbed in stomach, waist, chest and left shoulder as also on back by the knife and when he fell down, both accused

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