Advocates:
['ABDUL KALAM KHAN', '', 'SURESH SAHNI', 'P P', '', 'S C GUPTA']

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR

BENCH JAIPUR

JUDGMENT

D.B. Criminal Appeal No. 204/2010

Shyam Sunder @ Shyam Nagar & Ors. vs. State of Rajasthan

with

D.B. Criminal Appeal No. 175/2010

Mahaveer Gauttam vs. State of Rajasthan

Date of Judgment: 14^th January, 2016

HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

HON'BLE MR. JUSTICE PRAKASH GUPTA

Appeal No. 204/2010

Mr. Suresh Sahani with

Mr. R.M. Sharma, for the accused appellants.

Mr. Alladdeen Khan, Public Prosecutor for the State.

Appeal No. 175/2010

Mr. Sanjay Mehrishi, for the accused appellant.

Mr. Alladdeen Khan, Public Prosecutor for the State.

By the Court:(Per Ahluwalia, J.) Oral:

To welcome new year, on the eve of new year, young persons

in a new year revelry over the priority to have food served at a Dhaba,

caused injuries leading to death of one Yatindra Singh and injuries to

Mahaveer Meena (P.W.2) and Gajendra Singh (P.W.5). Kuldeep Sardar,

the author of the fatal injury to Yatindra Singh, is absconding and till

today has not been apprehended.

The investigating agency, on the basis of written report

(Exhibit-P/3) presented by Braj Raj Singh (P.W.3) before Salauddin

(P.W.18) had