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2025 Supreme(Raj) 2098

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, Ravi Chirania
Ganpat Lal S/o Shri Sukhram @ Sukh Lal Ji – Appellant
Versus
State, Through PP – Respondent


Advocates Appeared:
For the Appellant : Mr. JVS Deora
For the Respondent: Mr. CS Ojha, PP

JUDGMENT :

MANOJ KUMAR GARG, J.

1. Instant criminal appeal under Section 374(2) Cr.P.C. has been by the appellant against the judgment and order dated 26.08.2019 passed by learned Additional Sessions Judge, Sumerpur, District Pali, in Sessions Case No.18/2016 by which the learned Trial Court convicted the appellant for offence under Section 302 IPC and sentenced him to life imprisonment along with fine of Rs.5,000/- and in default of payment of fine to further undergo two years simple imprisonment.

2. Brief facts necessary to be noted for deciding the controversy are that on 19.05.2016, complainant- Arjunlal submitted a written report (Ex-1) before the Police Station- Sumerpur to the effect that his sister's family was residing in Sumerpur. It was further reported that the complainant’s sister had recently passed away. The report indicated that the complainant’s nephew (hereinafter referred to as "the accused appellant") persistently demanded money from the complainant’s brother-in-law, Sakha Ram (deceased). He consistently refused to fulfill these monetary demands. As a result, the accused allegedly assaulted Sakha Ram. On the night of 18.05.2016, at approximately 11:00 PM, decease

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