JUDGEMENT
MATHUR, J. -
(1.) By judgment dated 1.11.2003 learned
Additional Sessions Judge (Fast Track) No.1, Pali
convicted accused appellant Vinod son of Kishore for
the offences punishable under Sections 302 and 447
Indian Penal Code and also convicted accused appellant
Kishore son of Mangtu Ram for the offences punishable
under Sections 302/34 and 447 Indian Penal Code. Both
the accused were also sentenced as under:-
Accused Appellant Vinod:-
U/s.302 IPC Life imprisonment with a fine of
Rs.2000/- and to further undergo six months rigorous
imprisonment in event of default in making payment of fine.
U/s.447 IPC Three months rigorous imprisonment with
a fine of Rs.100/- and to further undergo one week's
rigorous imprisonment in event of default in making
payment of fine.
Accused Appellant Kishore :-
U/s.302/34 IPC Life imprisonment with a fine of
Rs.2000/- and to further undergo six months rigorous
imprisonment in event of default in making payment of
fine.
U/s.447 UPC Three months rigorous imprisonment with
a fine of Rs.100/- and to further undergo one week's
rigorous imprisonment in event of default in making
payment of fine.
(2.) To challenge the conviction and sentence
aforesaid, this appeal is preferred.
(3.) Briefly stated, facts of the case are that a
telephonic information from a constable Laxmandan was
received and entered in daily diary at Police Station
Industrial Area, Pali on 26.5.2002 at 10:35 PM. As per
information, Ravindra son of Joharilal was admitted to
Trauma Ward in Bangad Hospital, Pali in injured
condition being beaten by Vinod etc.;
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