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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MANOJ KUMAR GARG, RAVI CHIRANIA
State of Rajasthan – Appellant
Versus
Sugan Khan @ Shokat Khan, S/o. Farid Khan – Respondent
JUDGMENT :
MANOJ KUMAR GARG, J.
All the aforesaid criminal appeals have arisen out of the common judgment dated 16.10.2001, passed by learned Additional Sessions Judge (Fast Track), Nagaur, in Sessions Case No.175/2001 (40/1999) by which the learned Trial Court acquitted the present accused persons from offence under Section 302/34 IPC, however, convicted them for offence under Sections 341, 323, 324/34, 326/34 IPC and sentenced as under:
| S.No. | Offence U/S | Sentence | Fine | Sentence in default of fine |
| 1. | 341 IPC | 1 month SI | - | - |
| 2. | 323 IPC | 1 month SI | - | - |
| 3. | 324/34 IPC | 2 years SI | Rs.100/- | 7 days SI |
| 4. | 326/34 IPC | 5 years SI | Rs.200/- | 15 days SI |
2. All the sentences were ordered to run concurrently.
3. Since all the matters are arising out of the same judgment and order, therefore, they are being heard and decided by this common order.
4. Criminal Appeal No.700/2002 has been filed by the State against the acquittal of the present accused persons from offence under Section 302/34 IPC. Whereas, Cr. Appeal Nos.839/2001 & No.405/2002 have been preferred by the present accused persons against their conviction for the aforesaid offences.
5. Brief facts necessary to be noted for deciding the controversy are that on 18.05.1999 a
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