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1991 Supreme(Raj) 260

R.S.VERMA, N.K.JAIN
Ashok Dhariwal – Appellant
Versus
State of Rajasthan (4) – Respondent


Advocates Appeared:
S.R. Bajwa, Varun Gupta, for Appellants P.N. Mahuani, Special Public Prosecutor V.S. Choudhary, Public Prosecutor

VERMA, J.— Ashok Dhariwal, his father Kanmal , sister Lalita and paternal uncle Amrit Raj were committed to court of Sessions, Jodhpur for facing trial for offences u/ss 302, 120B and 201, I.P.C. Learned Sessions Judge, Jodhpur transferred the case for trial to learned Additional Sessions Judge No.2, Jodhpur. Learned trial Judge discharged Amrit Raj for all the charges and this order of discharge was maintained by this Court as well as by the apex Court. Charges for offences u/ss. 302, 201 and 120B, I.P.C. were framed against Ashok; charges for offences u/s. 302 read with ss. 120B and 302, I.P.C. were framed against Kanmal and Lalita. On revision, this Court quashed charge u/s. 201, I.P.C. against all the accused persons. Hence, Ashok was tried for offences u/ss 302 and 120B, I.P.C. while Kanmal and Lalita were tried for offences u/s 302 read with s. 120B, I.P.C. After trial, learned trial Judge acquitted Kanmal and Lalita of charges u/s. 302 read with s. 120B, L.P.C. he acquitted Ashok of charge u/s. 120B, I.P.C. However, he convicted Ashok of offence u/s. 302, I.P.C. and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 5000/- and in default to undergo rigor




































































































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