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2003 Supreme(Raj) 705

SHIV KUMAR SHARMA, KHEM CHAND SHARMA
Babloo – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Biri Singh Sinsinwar, for Appellants S.S. Rathore, Public Prosecutor for State Hridesh Singh, for Complainant

Honble SHARMA, J.–The appellants three in number were placed on trial before the learned Additional Sessions Judge Neemkathana (Sikar) in Sessions Case No. 31/97 for having committed murder of Rohitash and the learned Judge vide judgment dated March 8. 1999 convicted and sentenced all the three appellants under Section 302 read to undergo imprisonment for Life Imprisonment with fine of Rs. 1000/- and in default of payment of fine to further suffer 6 months simple imprisonment. The appellants in the instant appeal have assailed the aforequotted finding of the learned trial Judge.

(2). The police station Ajeetgarh recorded a parcha bayan of informant Likmichand on June 24, 1997wherein he stated that on the said day at about 7.00 PM when his son Rohitash was returning to the house the appellants Babloo, Dharma and Ram Swaroop came out of their house armed with farsi and Lathis and started inflicting blows with farsi and lathis on the person of Rohitash, who died on the way while taken to the hospital. Case under section 302 read with Section 34 of IPC was registered and investigation commenced. On completion of the investigation charge sheet was filed. In due course the case came up fo















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