Heeraram vs State - 2021 Supreme(Raj) 1422

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 1422

SANDEEP MEHTA, SAMEER JAIN
Heeraram – Appellant
Versus
State – Respondent

Advocates appeared:
Mr. K.L. Thakur, Mr. M.S. Panwar, Mr. J.P.S. Choudhary, Advocates, for the Appellant; Mr. N.S. Bhati, P.P, for the Respondent

JUDGMENT

Sandeep Mehta, J. - The accused appellant has preferred the instant appeal under Section 374(2) CrPC being aggrieved of the judgment dated 16.10.2019 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Pali in Sessions Case No.11/2013, whereby has been convicted and sentenced as below :-

Offence which convicted

for Sentence awarded and fine imposed

Section 302 IPC

Life imprisonment alongwith a fine of Rs.50,000/- and in default of payment of fine, to undergo additional rigorous imprisonment of four months

Section 201 IPC

Rigorous imprisonment of seven years alongwith a fine of Rs.50,000/- and in default of payment of fine, to undergo additional rigorous imprisonment of four months

Brief facts relevant and essential for disposal of the appeal are noted hereinbelow :-

Obaram (P.W.1) submitted a written report (Ex.P/1) to the SHO, Police Station Nana, District Pali on 13.12.2012 alleging inter alia that he had submitted a report regarding his younger brother Nenaram having gone missing on 11.12.2012. While he was looking out for his brother, his brother Dinesh (P.W.2) told him that in the evening of 01.12.2012, Nenaram was