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2024 Supreme(Online)(RAJ) 27054

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
DR. JUSTICE PUSHPENDRA SINGH BHATI, MR. JUSTICE MUNNURI LAXMAN, JJ
GOPAL – Appellant
Versus
STATE – Respondent


Advocates:
Mr. Rajjak Khan, Mr. N.K. Gurjar, GA cum AAG

Judgment

Reportable Reserved on 22/08/2024 Pronounced on 10/10/2024 Per Dr. Pushpendra Singh Bhati, J:

1. This criminal appeal from Jail has been preferred on behalf of the accused-appellant assailing the judgment of conviction and order of sentence dated 22.07.2015 passed by the learned Additional Sessions Judge (Women Atrocities Cases), Udaipur (‘Trial Court’) in Sessions Case No.49/2015 (CIS No.1339/2015) (State of Rajasthan Vs. Gopal), whereby the accused-appellant had been convicted and sentenced as below:

Conviction under Section(s)Sentence(s)Fine(s)
302 IPCLife ImprisonmentRs.5,000/-, in default of which, to undergo further Three Months’ S.I.
326 IPCSeven Years’ R.I.Rs.3,000/-, in default of which, to undergo further One Month’s S.I.
329 IPCSeven Years’ R.I.Rs.3,000/- in default of which, to undergo further One Month’s S.I.

2. Brief facts of the case, as placed before this Court by learned counsel for the accused-appellant, are that on 15.05.2011, one Raunak Jain (complainant), while being at Maharana Bhupal Hospital (Ward No.33), submitted a written report before the SHO, Police Station, Surajpole, Udaipur stating therein that the complainant owned a shop, namely, Mohan Chemical a

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