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2021 Supreme(Raj) 1442

SAMEER JAIN, SANDEEP MEHTA
Om Prakash – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. Ravindra Acharya, Advocate, for the Appellant; Mr. B.R. Bishnoi, AGC, for the Respondent

JUDGMENT

Sandeep Mehta, J. - The appellants herein have preferred the instant appeal under Section 374 (2) Cr.P.C. being aggrieved of the judgment dated 29.03.2019 passed by learned Addl. Sessions Judge No.1, Parbatsar, District Nagaur in Sessions Case No.11/11 (CIS No.102/14) whereby the appellants have been convicted and sentenced as below:-

Offence

Sentences

Fine

Sentence in lieu of default of payment of fine

Section 302/34 IPC

Life Imprisonment

Rs.20,000/-

2 Years’ Additional S.I.

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

Suresh (PW.7) lodged a written report (Ex.P/7) to the SHO PS Gachchhipura District Nagaur on 10.01.2011 alleging inter alia that on the previous day in the afternoon at about 2-3 pm, a dispute flared up on account of discharge of water from an outlet. In this process, Om Prakash and Asuram, sons of Kishana Ram and Baduri, wife of Kishana Ram trespassed into their house and started assaulting them with lathi, sword and axe. The informant, his grandmother and his grandfather were all beaten

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