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2005 Supreme(Raj) 881

SHIV KUMAR SHARMA, JITENDRA RAY GOYAL
Nasir Ali – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Biri Singh Sinsinwar, Harendra Singh, Kamlendra Sihar, for Appellant M.L. Goyal, Public Prosecutor for State Vijay Chaudhary, for Complainant

Honble SHARMA, J.–The appellant in this appeal impugns the judgment dated March 7, 2003 of the learned Additional Sessions Judge (Fast Track) Alwar in Sessions Case No. 25/2002, whereby the appellant has been convicted and sentenced the appellant as under:-

U/S. 302 IPC:

To suffer imprisonment for life and fine of Rs. 2000/-, in default to further suffer one year rigorous imprisonment.

U/S. 198A IPC:

To suffer rigorous imprisonment for three years and fine of Rs. 2000/-, in default to further suffer rigorous imprisonment for three months.

The sentences were directed to run concurrently.

(2). In the dying declaration recorded by learned Judicial Magistrate No. 9 Jaipur, Mubina (deceased) stated that she was the wife of the appellant who did not like her and on the date of incident poured kerosene oil on her and set her ablaze. Thereafter he showered bucket of water on her burning body. Learned trial Judge after considering the material on record convicted and sentenced the appellant as indicated above.

(3). During the pendency of the appeal an application came to be filed on behalf of the appellant to the effect that the appellant was juvenile on the date of commission of offence therefore











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