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1989 Supreme(Raj) 104

D.L.MEHTA, S.S.BYAS
Surgyani – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Jagdeep Dhankar, for Appellants; G.C. Chatterjee, Public Prosecutor

S.S. BYAS, J.—The appeal is directed against the judgment dated May 16, 1987, by which the learned Additional Sessions Judge No. 1, Bharatpur convieted appellants Surgyani, Babu, Prabhu and Bhawad under sections 302/149 IPC and accused Ram Singh under Sec. 302 I.P.C. and sentenced each of them to imprisonment for life with a fine of Rs. 1000/-, in default of payment of fine to . further undergo six months rigorous imprisonment. By the same judgment, the appellants were further convicted under sections 307, 307/149, 147 and 148 IPC and were sentenced to different term of imprisonment. Appellants Ram Singh and Prabhu were also convicted under Sections 3/25 and 27 Arms Act and were sentenced to six months rigorous imprisonment.

2. The incident is alleged to have taken place at about 1 P.M. on 25.7.85 in or near the field of one Bhagwan Singh Jat, situate in Moja Karoli, Police Station Nadbai, district Bharatpur.

3. Briefly stated, the prosecution case is, that the field of Bhagwan Singh Jat (D.W. 1) is situate in Moja Karoli, shown by mark-V in the site plan, Ex. P/3. In the east of this field, are situate the fields and in the east of these fields is situate village Karoli as shown in
































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