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2005 Supreme(Raj) 2788

V.K.BALI, SHASHI KANT SHARMA
Kailash – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Ravi Kasliwal, for Appellant B.N. Sandu, P.P., for State

Honble BALI, J.–Ankit Bansal, a child of four years, studying in nursery, as per prosecution version was done to death by the appellant Kailash Bansal, real brother of father of the hapless child. Put to trial, the offence committed by him was held established vide judgment recorded by the learned Additional Sessions Judge (Fast Track) No.2, Ajmer dated 15.3.2002 vide which he has been held guilty for offence u/s.302 IPC and sentenced to undergo R.I. for life and to pay fine of Rs.1,000/-, and in default of payment of fine, to further undergo RI for three months.

(2). Prosecution in its endeavour to secure conviction against the appellant, relied upon statement made by PW-26, accomplice of the appellant in the commission of crime who turned approver and circumstantial evidence details whereof shall be given in the forthcoming paragraphs.

(3). In this appeal filed against the order of conviction and sentence dated 15.3.2002 learned counsel appearing for the appellant contends that the approver is unworthy of credence and for sustaining conviction the Court must look for some corroboration to the statement made by him and reject his testimony out rightly as he has not come up with trut





























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