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2002 Supreme(Raj) 297

A.C.GOYAL, Y.R.MEENA
Anwar Hussain – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Gyanwati Dhakar, for Appellant Rajendra Yadav, Public Prosecutor

Honble GOYAL, J.–This appeal is directed against the judgment dated 12.1.99 passed by the learned Additional Sessions Judge No.1, Jaipur City, Jaipur in Sessions Case No. 53/97 whereby the appellant Shri Anwar Hussain was convicted and sentenced under Section 302 IPC to undergo life imprisonment and a fine of Rs. 1,000/-, in default to further undergo three months Simple Imprisonment.

(2). Briefly, narrated the prosecution story is that on 13.10.97 at 3 p.m. PW.1 Mohammed Muslim lodged a written report Ex.P.1 at Police Station Ramganj, Jaipur with the averments that his cousin brother Shri Mohammed Aziz (since deceased) was living with him in Balaji Ki Kothi. A sum of Rs. 23,000/- as price of precious stones was due against Anwar Hussain. Mohammed Aziz demanded his money on various occasions and on such demand one month earlier, Anwar Hussain being annoyed threatened to kill Mohammed Aziz. At about 1.45 p.m. on 13.10.97, Mohammed Aziz alongwith Mohammed Muslim-informant and Manjoor Ali PW.9 was going to the house of Anwar for making a demand of this money. They found Anwar standing over a road divider infront of Madina Hotel. Over making a demand by Mohammed Aziz, Anwar started abus










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