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2004 Supreme(Raj) 932

RAJENDRA PRASAD VYAS, SHIV KUMAR SHARMA
Mahavir Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Dharaveer Tholia, for Appellant Brahma Nand Sandhu, Public Prosecutor for the State Vipul Jaiman & S.S. Sunda, for Complainant

Honble SHARMA, J.–The appellant was the accused on the file of learned Additional Sessions Judge, Jhunjhunu bearing Sessions Case No. 90/96 (133/96). Learned Judge vide judgment dated March 22, 1997 convicted and sentenced the appellant Under section 302 IPC to undergo Imprisonment for life and fine of Rs. 2500/-, in default to further suffer Simple Imprisonment for six months.

(2). It is the prosecution case that on October 30, 1995 Ganpat Ram (now deceased) had gone to his field along with the appellant. Banarsi Devi, wife of Ganpat Ram, also joined them after some time with lunch box. Around 11-12 noon after the appellant ate his lunch, Ganpat Ram directed him to thresh Bazra while Banarsi Devi was asked to perform another agriculture work, for which Banarsi Devi had to go at a distance. On her return Banarsi Devi saw the appellant inflicting blows with Gandasi on the person of Ganpat Ram who died at the spot. She made hue and cry and in the meanwhile appellant fled away. Banarsi Devi narrated the incident to Mahaveer Singh who lodged the report with the police Station Mandawa. A case under section 302 IPC was registered and investigation commenced. On completion of investigation























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