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2006 Supreme(Raj) 275

SHIV PRAKASH SHARMA, KHEM CHAND SHARMA
Asha Ram – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Rajeev Sogarwal, for Appellants R.P. Kuldeep, Public Prosecutor P.S. Sharma, for Complainant

Honble K.C. SHARMA, J.–This criminal appeal by 12 accused appellants arises out of the judgment and order dated 30.7.2001 passed by the learned Sessions Judge, Sawaimadhopur, by which the learned Judge has convicted and sentenced the appellants in the following manner:

Under Section 148 IPC :

To undergo 2 months rigorous imprisonment each

Under Section 302, in the alternative under Section 302/149 IPC :

To undergo life imprisonment with a fine of Rs. 5000/- each, in default of payment of fine, each to further undergo two months simple imprisonment

Under Section 326, in the alternative under Sec. 326/149 IPC

To undergo 3 years rigorous imprisonment with a fine of Rs. 2000/- each, in default of payment of fine, each to further undergo one months simple imprisonment

Under Section 325, in the alternative under Section 325/149 IPC

To undergo 2 years rigorous imprisonment with a fine of Rs. 2000/- each, in default of payment of fine, each to further undergo one months simple imprisonment

All the sentences were ordered to run concurrently.

(2). The facts leading to the present appeal are that on 17.10.1999 the police recorded Parcha Bayan of Katol alias Gauri Shanker in General Hospital Sawaimadhop

























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