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HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Criminal Appeal No. 1005/2017

1.

Jagdish Son Of Harji Gurjar, By Caste Gurjar, R/o

Baniyani, Police Station Kaithoon, District Kota.

2.

Daya Ram Alias Bhaya Son Of Harji Gurjar, By Caste

Gurjar, R/o Baniyani, Police Station Kaithoon, District

Kota.

3.

Shambhu Dayal Son Of Jagdish Gurjar, By Caste Gurjar,

R/o Khedla, Police Station Taleda, District Bundi.

----Appellants

Versus

State Of Rajasthan Through P.P.

----Respondent

Connected With

D.B. Criminal Appeal No. 806/2017

Mahaveer S/o Mangilal Mehar B/c Mehar, R/o Baniyani P.s.

Kaithun Distt. Kota At Present Confined At Central Jail Kota

----Appellant

Versus

State Of Rajasthan Through PP

----Respondent

D.B. Criminal Appeal No. 876/2017

1.

Ashok Son Of Shri Radhakishan Gurjar, By Caste Gurjar,

R/o Baniyani, Police Station Kaithun, District Kota

Rajasthan At Present In Central Jail, Kota

2.

Girraj Son Of Shri Radhakishan Gurjar, By Caste Gurjar,

R/o Baniyani, Police Station Kaithun, District Kota

Rajasthan At Present In Central Jail, Kota

----Appellants

Versus

The State Of Rajasthan Through P.P.

----Respondent

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D.B. Criminal Appeal No. 939/2017

Pappu @ Mahendra Son Of Loonkaran Gurjar By Caste Gurjar,

R/o Baniyani, Police Station Kaithoon, District Kota. Accused

Appellant Is Confined In Central Jail Kota.

----Appellant

Versus

The State Of Rajasthan Through P.p.

----Respondent

For Appellant(s)

:

Mr. Ashvin Garg

Mr. Abdul Kalam Khan

Mr. Mukesh Chouhan

Mr. Narendra Prasad Meena

Mr. Surendra Sharma (through V.C.)

Mr. Vijay Choudhary

For Respondent(s)

:

Ms. Rekha Madnani, PP

Mr. Suresh Sahni

Mr. R.M. Sharma

HON'BLE MR. JUSTICE SANDEEP MEHTA

HON'BLE MR. JUSTICE RAMESHWAR VYAS

Judgment

Date of pronouncement : 27/08/2021

Judgment reserved on : 19/08/2021

BY THE COURT : (PER HON’BLE MEHTA, J.)

1.

These four appeals have been preferred against the judgment

dated 20.04.2017 passed by Additional Sessions Judge (Women

Atrocities Cases) No.2, Kota and thus the same are being heard and

decided together by this common judgment. The appellants herein

above have been convicted and sentenced as below by the learned

trial Court. Being aggrieved by the conviction and sentenced awarded

to them, the appellants have preferred these appeals under Section

374 Cr.P.C.

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(I) APPEAL No.1005/2017:

Accused appellants

Jagdish, Dayaram and

Shambhu Dayal convicted for the offences

punishable under:-

(i) Sec.148 IPC: Sentenced to undergo simple

imprisonment for two years.

(ii) Sec.323/149 IPC: Sentenced to simple imprisonment

for one year.

(iii)

Sec.302/149 IPC: Sentenced to imprisonment for life

and to pay fine of Rs.50,000/-, in default of payment of

fine to further undergo simple imprisonment for two

months.

(II) APPEAL NO. 806/2017:

Accused appellant Mahaveer convicted for the

offences punishable under:-

(i) Sec.148 IPC:

Sentenced to undergo simple

imprisonment for two years.

(ii) Sec.323/149 IPC: Sentenced to simple imprisonment

for one year.

(iii) Sec.302/149 IPC: Sentenced to imprisonment for life

and to pay fine of Rs.50,000/-, in default of payment of

fine to further undergo simple imprisonment for two

months.

(III) Appeal No. 876/2017:

Accused appellants Ashok & Girraj convicted for the

offences punishable under:-

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(i)

Sec.148 IPC :

Sentenced to undergo simple

imprisonment for two years.

(ii) Sec.323/149 IPC: Sentenced to simple imprisonment for

one year.

(iii) Sec.302/149 IPC: Sentenced to imprisonment for life

and to pay fine of Rs.50,000/-, in default of payment of fine

to further undergo simple imprisonment for two months.

(IV) Appeal No. 939/2017:

Accused appellant Pappu @ Mahendra convicted for

offences punishable under :-

(i)

Sec.148 IPC

: Sentenced to undergo simple

imprisonment for two years.

(ii) Sec.323/149 IPC: Sentenced to simple imprisonment

for one year.

(iii) Sec.302/149 IPC: Sentenced to imprisonment for