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2003 Supreme(Raj) 716

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


Advocates Appeared:
S.R. Bajwa, Sr. Advocate with V.R. Bajwa, for Appellant B.M. Sharma, Public Prosecutor for State Vishal Bansal, for Complainant

Honble SHIV KUMAR SHARMA, J.–The appellant was indicted before the learned Sessions Judge Alwar in Sessions Case No. 27/98 for having committed murder of his wife Raj Kumari. The learned trial Judge vide judgment dated February 8, 1999 convicted and sentenced the appellant under Section 302 IPC to undergo Imprisonment for life and fine of Rs. 1,000/-, in default to further suffer one month Rigorous Imprisonment.

(2). The facts giving rise to this appeal are that the informant Mahendra Taneja (PW2) lodged a written report around 2.35 PM on January 21, 1997 at Police Station Kotwali, Alwar with the averments that while he was sitting at his shop some unknown caller informed him on telephone that his sister had a fight with his brother-in-law and the clothes of his brother-in-law were smeared with blood. The caller further informed that the brother-in-law of the informant appeared to have made himself scarce and he might have killed the sister of the informant. On receiving the said information the informant rushed to sisters house and discovered the dead body of his sister, which was lying in a pool of blood inside a room in the house. Outside the house of his sister a crowd of neighb





























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