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1961 Supreme(SC) 146

K.SUBBA RAO, RAGHUBAR DAYAL
Deep Chand – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
BIPIN BEHARI LAL, C.L.SARIN, D.GUTPA, H.J.Umrigar, H.R.KHANNA, Jai Gopal Sethi, R.H.Dhebar, R.L.Kohli

Judgment

SUBBA RAO, J. : This is an appeal by special leave against the judgment of the High Court of Judicature for Rajasthan dated August 1, 1958, confirming the Judgment of the Additional Sessions Judge, Churu, dated May 3, 1957, in so far as he convicted the appellant under Ss. 347, 365 and 386, I. P. C. and setting aside his order acquitting the appellant under S. 458, I. P. C., and convicting the appellant under S. 452, I. P. C. the learned Additional Sessions Judge sentenced the appellant for the offences under Ss. 347, 365 and 386, I. P. C., to undergo rigorous imprisonment for 1 year, 2 years and 3 1/2 years respectively. The High Court enhanced the sentences in respect of the offences under Ss. 347 and 386, I. P. C., to 3 years and 8 years respectively, and also imposed a fine of Rs. 20,000/- on the appellant; the sentence in regard to the offence under S. 365, I. P. C., was confirmed. The High Court further found that the appellant was guilty under S. 352, I. P. C., also and for that offence it sentenced him to undergo rigorous imprisonment for 7 years.

2. At the outset it would be convenient to state briefly the case of the prosecution. One Kashiram, a prosperous business




























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