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2004 Supreme(Raj) 807

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


Advocates Appeared:
Arvind Kumar Gupta, for Appellant M.L. Goyal, P.P.

Honble S.K. SHARMA, J.–Since the controversy involved in the instant appeal attracts the provisions contained in the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short `the J.J. Act), we proceed to dispose of the matter finally at the orders stage.

(2). As per the prosecution story, the appellant was indicted in criminal case registered at the police station Beawar on October 12, 1998. He was arrested and on completion of investigation, charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track), Beawar. Charges under Sections 302/34, 307/34, 460/34, 459/34, and 324/34 IPC were framed against the appellant, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 17 witnesses and got exhibited 36 documents. In his explanation under Section 313 Cr.P.C., the appellant claimed innocence. No defence witness was, however, examined. On hearing the final submissions, the trial judge convicted and sentenced the appellant as under:-

U/s. 302/34 IPC:, To suffer life imprisonment and to pay fine of Rs. 1000/ . In default of payment of fine to further undergo 6 months s














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