RADHEY SHYAM Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2015-1-161
HIGH COURT OF RAJASTHAN
Decided on January 27,2015

RADHEY SHYAM Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

KANWALJIT SINGH AHLUWALIA, J. - (1.) APPELLANTS viz., Radheyshyam, Rishiraj @ Rubia, Sitaram @ Ruggha, Chhitar, and Ramchandra @ Chandriya along with Hemraj and Gyarsi Ram were named as accused in a case arising out of First Information Report (Exhibit -P/17), bearing No.240/2004, registered at Police Station, Sarolakalan, District Jhalawar for offences punishable under Sections 147, 148, 149, 341, 323 and 307 of Indian Penal Code.
(2.) DURING the course of investigation, accused, namely Hemraj and Gyarsi Ram were not apprehended and the charge -sheet was submitted against them under Section 299 of Code of Criminal Procedure.
(3.) THE Court of Additional District and Sessions Judge (Fast Track), Jhalawar, by impugned judgment dated 18.10.2005 convicted appellants, namely (i) Radheyshyam, (ii) Rishiraj @ Rubia, (iii) Sitaram @ Ruggha, (iv) Chhitar and (v) Ramchandra @ Chandriya for offences punishable under Sections 148, 341, 302 and 323/149 of Indian Penal Code. Having held the appellants guilty of above said offences, the trial Judge, vide a separate order of even date, sentenced them as under : - "For offence under Section 148 I.P.C. the appellants were sentenced to undergo two years rigorous imprisonment and to pay a fine of Rs.500/ - each, in default of payment of fine to further undergo one months' simple imprisonment. For offence under Section 341 I.P.C. the appellants were sentenced to undergo one month's rigorous imprisonment. For offence under Section 302/149 I.P.C. the appellants were sentenced to undergo life imprisonment and to pay a fine of Rs.5000/ - each, in default of payment of fine to further undergo three months' simple imprisonment. For offence under Section 323/149 I.P.C. the appellants were sentenced to undergo six months rigorous imprisonment and to pay a fine of Rs.500/ - each, in default of payment of fine to further undergo one months' simple imprisonment." ;


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