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2004 Supreme(Raj) 773

SHIV KUMAR SHARMA, KHEM CHAND SHARMA
Subadi & Seven others – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
M.K. Kaushik, for Appellants M.L. Goyal, for Public Prosecutor

Honble S.K. SHARMA, J.–The appellants, eight in number, were accused on the file of learned Additional Sessions Judge, No.2, Deeg (Bharatpur) bearing Sessions Case No. 260/2002. Learned Judge vide judgment dated February 24, 2003 convicted and sentenced the appellants as under:-

U/s. 302/149 IPC:

Each to suffer Imprisonment for life and fine of Rs. 500/-, in

default to further suffer one Month Rigorous Imprisonment.

U/s. 332/149 IPC:

Each to suffer Rigorous Imprisonment for two years.

U/s. 147 IPC:

Each to suffer Rigorous Imprisonment for six months.

U/s. 341 IPC:

Each to suffer Simple Imprisonment for one month.

Substantial sentences were directed to run concurrently.

(2). It is the prosecution case that on July 1, 2001 around 8.40 AM or in the course of investigation of Criminal Case No. 113/2001 registered under Section 147, 148, 149, 307, 302, 323 and 341 IPC, Damodar Singh, ASI of Police Station Sikri and Constables Girwar Singh and Sampat Singh were carrying the dead body of deceased Idris in private jeep No. HR-51/ B6244. As many as sixteen relatives of Idris including those who sustained injuries in the incident also boarded in the jeep. Their names were Mumrej, Kallu, Iqbal, Iliyas,

























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