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2012 Supreme(Raj) 1079

NARENDRA KUMAR JAIN, MEENA V.GOMBER
Attar Singh – Appellant
Versus
State – Respondent


Advocates Appeared
A.K. Gupta with Vaibhav Sharma, for Appellant in Appeal No. 903/2005 and Respondent in Revision No. 1226/2007;
G.S. Chouhan, on behalf of Ashvin Garg, for Appellant in Appeal No. 1528/2003;
Suresh Sahni, Sr. Advocate with R.M. Sharma, for revisionist and Respondent in Appeals No. 1528/2003, 903/2005;
Rekha Madnani, Public Prosecutor, for State.

JUDGMENT

Hon'ble Dr. GOMBER, J.—These are two criminal appeals and one Criminal revision petition and they arise out of three different judgments of the Trial Court dated 7.10.2003 in Sessions Case No. 04/2003; dated 13.9.2005 in Sessions Case No. 60/2005 (153/2003); and dated 30.8.2007 in sessions case No. 86/2005.

2. The challenge in all these three matters pertains to the incident of the same date that took place on 31.5.2002 at about 2.00 pm in the jurisdiction of Police Station Nadbai, District Bharatpur with regard to which an FIR No. 274/2002 was registered on the statement (Parcha Bayan) of Smt. Badni PW.3 at P.S. Nadbai on the same day i.e. 31.5.2002. Total 10-11 persons were involved in the crime, out of whom 7 were named accused persons in the crime and remaining were mentioned as "etc."

3. Initially only one accused person who was not mentioned by name in that FIR namely accused Attar Singh could be apprehended and was sent for trial. He was convicted for offences under Sections 148, 364, 302/149 and 325/149 IPC by the Trial Court vide its judgment dated 7.10.2003 in sessions case No. 04/2003. The First criminal appeal No. 1528/2003 is by accused Attar Singh aggrieved by h















































































































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