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2006 Supreme(Raj) 1520

SHIV KUMAR SHARMA, MOHAMMAD RAFIQ
Om Prakash – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Praveen Balwada, Hemant Gajraj, Suresh Dhenwal, Rohitash Chaudhary, for Appellants R.P.Kuldeep, A.K. Sharma, Public Prosecutor for State Anil Umpan, for Complainant

`Honble SHARMA, J.–Om Prakash, Murti Devi, Rajbala, Munni Devi, Saroj Devi and Leela Ram @ Murari, the appellants herein, were put to trial in Sessions Case No. 19/2002 (32/2002) before the learned Additional Sessions Judge (Fast Track) Alwar. Learned trial Judge vide judgment dated August 16, 2002 convicted and sentenced the appellants as under:-

Om Prakash :

u/S. 302 IPC:

To suffer imprisonment for life and fine of Rs. 5000/- in default to further suffer rigorous imprisonment for one year.

u/S. 148 IPC:

To suffer rigorous imprisonment for one and half year.

u/S. 341/149 IPC:

To suffer rigorous imprisonment for one month.

Murti Devi, Rajbala, Munni Devi, Saroj Devi and Leela Ram @ Murari:

u/S. 302/149 IPC:

Each to suffer imprisonment for life and fine of Rs. 2000/- in default to further suffer rigorous imprisonment for six months.

u/S. 148 IPC:

Each to suffer rigorous imprisonment for one and half year.

u/S. 341/149 IPC:

Each to suffer rigorous imprisonment for one month.

The substantive sentences were ordered to run concurrently.

(2). According to prosecution story on December 2, 2001 at 7.30 PM informant Hanuman (PW. 5) submitted a written report (Ex. P. 2) stating therein that on the said day























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