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2010 Supreme(Raj) 555

C.M.TOTLA, GOVIND MATHUR
OM SINGH – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates: FARZAND ALI, K.R.BISHNOI, M.K.Garg, SHEETAL KUMBHAT, SURESH KUMBAHAT,

HON'BLE MATHUR,J.

( 1 ) THESE three appeals are arising out of the judgment and order dated 31. 3. 2009, whereby the learned Additional Sessions Judge, Bali convicted the accused appellants for the offences punishable under sections 302/34, 449 and 397 Indian Penal Code, thus, sentenced each of them as under:-U/s. 302/34 IPC : Imprisonment for life with a fine of rs. 500/- and in default of payment of fine further to undergo six months simple imprisonment; u/s. 449 IPC : Imprisonment for life with a fine of rs. 500/- and in default of payment of fine further to undergo six months simple imprisonment; and u/s. 397 IPC : Seven years rigorous imprisonment.

( 2 ) THE factual matrix necessary to be noticed for adjudication of present appeals is that PW-25 lachhi Ram, brother of deceased Ganeshmal, submitted a written report (Ex. P/27) at Police Station Nana district Pali on 22. 4. 2002 at 08:00 PM, with assertion that Ganeshmal and his wife were residing at chimanpura Road and were also running a provision store there. In early morning of 22. 4. 2002, PW-7 harjiram Driver informed to PW-13 Devichand son of PW-25 Lachhi Ram about closure of the house of Ganeshmal at its exit. Devichand th


























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