MEENA V.GOMBER, NARENDRA KUMAR JAIN
Todarmal – Appellant
Versus
State – Respondent
Hon'ble GOMBER, J.-This judgment will dispose of the afore-mentioned appeals preferred by The State of Rajasthan as well as by the accused appellants against the judgment and order dated 30.7.1980 passed by the learned Sessions Judge. Sikar in the matter of FIR No. 112/79 of P.S. Neem-ka-Thana (Sikar) (Ex. P/27) in sessions case No. 42/1979.
2. Accused named (i) Todarmal (ii) Devki Nandan (sons of Sh. Mohan 15 Lal Vaidya); (iii) Mohan Lal Vaidya; (iv) Mohan, (v) Nagar Mal and (vi) Prakash Nayak (sons of Hanuman Nayak), (vii) Ramavtar and (viii) Prakash sons of Dwarka Prasad, had been set up for trial in the first instance.
3. Vide judgment dated 30.7.80 in Sessions case No. 42/79, learned Sessions Judge, Sikar acquitted Mohan Lal Vaidya whereas other seven were convicted and sentenced as under for the offences punishable under Secs. 147, 307/119, 302, and 324 IPC. The order of conviction and sentence was as under:
(i) Accused -appellant Todarmal was convicted & sentenced as under:-
(a) For offence under Section 302 IPC:
Sentenced to life imprisonment and fine of Rs. 50/-.
(b) For offence under Section 1471PC:
Sentenced to 6 months' RI.
(c) For offence under Section 307/149 I
vs. State of V.P. (AIR 1998 SC 2726)
5. Pralap Singh & Am. vs. State of Madhya Pradesh (AIR 2006 SC 514 = RLW 2006(2) SC 1496)
6. Dhanraj vs. State of Maharashtra (2002) 7 SCC 425)
7. Latu Mahto & Anr. vs. State of Bihar (Now Jharkand) (2008) 8 SCC 395)
8. Shivaji Sahabrao Bobade vs. State of Mqharashtra ((1973) 2 SCC 793)
10. Virsa Singh vs. State of Punjab (AIR 1958 SC 465)
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