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2007 Supreme(Raj) 954

SHIV KUMAR SHARMA, SANGEET LODHA
Samay Singh @ Gopal – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Satyapal Poshwal, Amicus Curiae, for Appellant; Yunus Khan on behalf of Abdul Kalam Khan, for Appellant; M.L. Goyal, Public Prosecutor for State

Honble LODHA, J.–This appeal is directed against the judgment dated 18-9-2001 of the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sawai Madhopur, whereby the appellant was convicted and sentenced as under:-

u/S. 302/149 IPC:

To suffer imprisonment for life and fine of Rs. 500/- in default to further suffer 3 months rigorous imprisonment.

u/S. 148 IPC:

To suffer rigorous imprisonment for two years.

u/S. 326/149 IPC:

To suffer seven years rigorous imprisonment and fine of Rs. 300/- in default to suffer two months rigorous imprisonment.

u/S. 325/194 IPC:

To suffer three years rigorous imprisonment and fine of Rs. 200/- in default to further suffer one month rigorous imprisonment.

u/S. 3(2)(v) SC/ST (Prevention of Atrocities) Act:

To suffer life imprisonment and fine of Rs. 1000/- in default to further suffer six months rigorous imprisonment.

(2). The background facts which led to the trial of the appellant are summarized thus:

On 28-7-1997 a written report was lodged by Shri Ratan Lal at Police Station Nadoti (Sawai Madhopur) wherein he alleged that few days back samay Singh S/o Lohare Gujar of village Gopalpura Kemari had assaulted his neighbour Somotya and others of Berwa Communit





















































































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