Bhanwar Lal And Anr vs State on 14 July, 2026

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    Rajasthan High Court – Jodhpur

    Bhanwar Lal And Anr vs State on 14 July, 2026

    Author: Vinit Kumar Mathur

    Bench: Vinit Kumar Mathur

    [2026:RJ-JP:31216-DB]
    
            HIGH COURT OF JUDICATURE FOR RAJASTHAN
                           AT JODHPUR
    
                      D.B. Criminal Appeal No. 223/2005
                             CNR: RJHC010158202005
                             URN: CRLA / 465U / 2005
    
    1. Bhanwar Lal S/o Shishpal
    2. Ved Prakash S/o Dhalu ram,
     Both R/o Village Sayanan, P.S. Salasar, Tehsil Sujangarh, District
    Churu.
    (At present lodged in Central Jail at Bikaner).
                                                                          ----Appellant
                                           Versus
    The State of Rajasthan.
                                                                        ----Respondent
    
    
    For Appellant(s)             :     Ms. Anjali Kaushik
    For Respondent(s)            :     Mr. C.S. Ojha, PP
                                       Mr. Rajeev Bishnoi for
                                       Mr. Vineet Jain, Sr. Adv.
    
    
    
              HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

    HON’BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA

    Judgment

    SPONSORED

    14/07/2026

    1. The present Criminal Appeal has been preferred under

    Section 374(2) of the Code of Criminal Procedure, 1973, by the

    accused-appellants, namely, (i) Bhanwar Lal and (ii) Ved Prakash ,

    assailing the legality, correctness and validity of the judgment of

    conviction and order of sentence dated 26.02.2005 passed by the

    learned Additional Sessions Judge, Ratangarh, Camp at

    Sujangarh, District Churu (hereinafter referred to as “the learned

    trial court”) in Sessions Case No. 27/2001, whereby the learned

    trial court convicted and sentenced the accused-appellants for the

    offences as under:-

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    Appellant – Bhanwar Lal

    Offence under Imprisonment and Fine In default of Fine
    Section
    302
    of IPC Life Imprisonment & Fine of To further undergo
    Rs.1,000/- 6 Months S.I.
    307/34 of IPC 10 years R.I. & Fine of Rs.1,000/- To further undergo
    6 Months S.I.
    326/34 of IPC 10 years R.I. & Fine of Rs.1,000/- To further undergo
    6 Months S.I.
    323/34 of IPC One Year Simple Imprisonment —–

    460/34 of IPC One Year S.I. and Fine of To further undergo
    Rs.1,000/- 6 Months S.I.

    Appellant – Ved Prakash

    Offence under Imprisonment and Fine In default of Fine
    Section
    302
    /34 of IPC Life Imprisonment & Fine of To further undergo
    Rs.1,000/- 6 Months S.I.
    307 of IPC 10 years R.I. and Fine of Rs. To further undergo
    1,000/- 6 Months S.I.
    326 of IPC 10 years R.I. & Fine of Rs. 1,000/- To further undergo
    6 Months S.I.
    323 of IPC One year S.I. —-

    460/34 of IPC Two years S.I. & Fine of Rs.1,000/- To further undergo
    6 Months S.I.

    2. As per the prosecution case, on 15.06.2001 at about 8:00

    A.M., the injured-complainant, Surjaram S/o Ramlal submitted a

    written report before Shri Hetram, ASI, Police Station Salasar. In

    the report, it was alleged that the complainant had three sons,

    namely, Sohanlal, Megharam and Todarmal. On the night of

    14.06.2001, after having dinner, all the family members had

    retired to sleep. The complainant, his wife Patasi and daughters

    Ghammu and Choti were sleeping in the courtyard of the house,

    Megharam was sleeping on the roof, whereas Sohanlal (aged

    about 22 years) and Todarmal (aged about 17 years) were

    sleeping in the open courtyard, (Bakhal) of the house.

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    It was further alleged that at about 12:30 A.M., the

    complainant heard cries and screams, whereupon all the family

    members woke up. On reaching the open courtyard (Bakhal), he

    saw the accused-appellants Bhanwarlal and Ved Prakash

    assaulting his sons with sharp-edged weapons. It was alleged that

    Bhanwarlal was armed with an axe (Barchi) and Ved Prakash was

    armed with a kulhari/axe, and both inflicted repeated blows upon

    Sohanlal and Todarmal while they were asleep, with the intention

    of causing their death. On hearing the commotion, neighbouring

    villagers, namely, Banesingh, Motaram, Brijlal and the

    complainant’s brother Chetanram, reached the spot, whereupon

    the accused-appellants fled away.

    3. According to the prosecution, the injured Sohanlal and

    Todarmal were immediately taken in a jeep by Begaram to the

    Government Hospital, Salasar, from where they were referred to

    Sikar for further treatment. Subsequently, Todarmal was referred

    to Jaipur; however, he succumbed to the injuries during treatment

    on 15.06.2001 at about 6:00 A.M. It was further alleged that the

    motive behind the occurrence was an existing dispute between the

    complainant and accused-appellant Ved Prakash regarding the

    passage leading to the complainant’s house.

    4. On the basis of the aforesaid written report, FIR No. 33/2001

    (Exhibit P-32) came to be registered at Police Station Salasar for

    the offences under sections 302,307 and 460/34 of the Indian

    penal code, whereupon the usual investigation was commenced.

    5. After completion of the investigation, the Station House

    Officer, Police Station Salasar, submitted the charge-sheet before

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    the Court of the learned Judicial Magistrate, Sujangarh, against

    accused-appellants Bhanwarlal and Ved Prakash for the offences

    punishable under Sections 302, 307, 326, 323 and 460 read with

    Section 34 of the Indian Penal Code, and against accused Daluram

    and Smt. Kishani for the offences punishable under Sections 302,

    307, 326, 323, 460 and 120-B read with Section 34 of the Indian

    Penal Code. The learned Judicial Magistrate took cognizance of the

    aforesaid offences and, the case being exclusively triable by the

    Court of Sessions, committed the same to the Court of Sessions,

    Churu, in accordance with law. Consequently, Sessions Case No.

    27/2001 came to be registered on 07.09.2001 and was thereafter

    make over to the Court of the learned Additional Sessions Judge,

    Ratangarh, Camp at Sujangarh, for trial and disposal in

    accordance with law.

    6. Learned trial court, upon taking cognizance, framed charges

    against accused-appellant Bhanwarlal for the offences punishable

    under Sections 460/34, 302, 307/34, 326/34 and 323/34 of the

    Indian Penal Code; against accused-appellant Ved Prakash for the

    offences punishable under Sections 460/34, 302/34, 307, 326 and

    323 of the Indian Penal Code; and against accused Daluram and

    Smt. Kishani for the offences punishable under Sections 460 read

    with Section 120-B, 302, 302/34 read with Section 120-B, 307,

    307/34 read with Section 120-B, 326 read with Section 120-B and

    323 read with Section 120-B of the Indian Penal Code. The

    charges were read over and explained to all the accused persons,

    who denied the same, pleaded not guilty and claimed trial.

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    7. During the trial, the prosecution examined as many as 19

    witnesses. In support of its case, the prosecution also produced

    documentary evidence, Exhibits P-01 to P-46 in support of its

    case.

    8. Upon completion of the prosecution evidence, the statements

    of the accused-appellants were recorded under Section 313 of the

    Code of Criminal Procedure, 1973, wherein the incriminating

    circumstances appearing against them in the prosecution evidence

    were put to them. The accused-appellants denied the prosecution

    allegations in toto, claimed themselves to be innocent and

    asserted that they had been falsely implicated in the present case.

    In defence, the accused-appellants examined six witnesses,

    namely, DW-1 to DW-6, in support of their case.

    9. Learned Trial Court, after hearing the arguments advanced

    on behalf of both sides and upon appreciation of the oral and

    documentary evidence brought on record, convicted and

    sentenced the accused-appellant Bhanwar Lal for the offences

    under Sections 302, 307/34, 326/34,323/34 and 460/34 of the

    Indian Penal Code and against accused-appellant Ved Prakash for

    the offences punishable under Sections 460/34, 302/34, 307, 326

    and 323 of the Indian Penal Code vide judgment dated

    26.02.2005.

    10. Being aggrieved by the aforesaid judgment of conviction and

    order of sentence passed by the learned trial court, the accused-

    appellants have preferred the present appeal before this Court.

    11. Learned counsel appearing on behalf of the accused-

    appellant vehemently assailed the impugned judgment of

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    conviction and sentence dated 26.02.2005 and submits that the

    same is wholly illegal, improper, perverse and contrary to the

    evidence available on record, having been passed without proper

    appreciation of the material evidence and surrounding

    circumstances of the case. She further submits that the learned

    trial court has failed to consider the facts in their correct

    perspective and, therefore, the impugned judgment and order

    deserve to be quashed and set aside and the accused-appellants

    deserves to be acquitted of the charges levelled against him.

    12. Learned counsel appearing on behalf of the accused-

    appellants submits that the prosecution case rests entirely upon

    the testimony of closely related and interested witnesses, namely,

    PW-1 Surjaram, PW-2 Chetan Ram, PW-3 Megharam, PW-4

    Chhoti, PW-10 Sohanlal and PW-11 Smt. Ghammu, while no

    independent witness from the locality has been examined to

    corroborate the prosecution version, thereby rendering the

    evidence highly doubtful.

    13. Learned counsel further submits that, as per the FIR itself

    and the statements of the prosecution witnesses, the family

    members reached the place of occurrence only after hearing cries

    and screams and, by that time, the accused persons had already

    fled away. Thus, none of the prosecution witnesses had actually

    witnessed the assault, and their claim regarding the identity of the

    assailants is based merely on assumptions and conjectures. She

    also submits that there are material inconsistencies regarding the

    alleged oral declaration made by deceased Todarmal. While some

    witnesses claimed that Todarmal disclosed the names of the

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    assailants, others stated that he had become unconscious

    immediately after the occurrence. The medical evidence,

    particularly the testimony of the attending doctor, establishes that

    Todarmal was unconscious when admitted to the hospital, thereby

    completely belying the prosecution version regarding any such

    disclosure.

    14. Learned counsel further submits that PW-6 Sohanlal, the

    jeep driver who shifted the injured to the hospital, has not

    supported the prosecution case and categorically stated that

    neither the injured nor their relatives disclosed the names of the

    assailants while they were being taken to the hospital, which

    materially weakens the prosecution story.

    15. Learned counsel further submits that all the alleged eye-

    witnesses consistently deposed that both accused were armed

    only with sharp-edged weapons, namely, a Barchhi and a Kulhari,

    and assaulted the victims with those weapons. However, the

    medical evidence reveals the presence of several blunt weapon

    injuries on both the deceased and the injured, thereby creating a

    serious inconsistency between the ocular and medical evidence

    and rendering the prosecution case doubtful.

    16. Learned counsel also submits that the statements of the

    prosecution witnesses are replete with material contradictions,

    omissions and improvements touching the core of the prosecution

    case and, therefore, it would be unsafe to sustain the conviction

    on such unreliable evidence. she further submits that the

    prosecution itself implicated four persons in the commission of the

    offence, but the learned trial court acquitted co-accused Daluram

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    and Smt. kishani, which demonstrates that the prosecution

    witnesses had falsely implicated innocent persons and their

    testimony cannot be accepted without independent corroboration.

    17. Learned counsel also submits that the prosecution has failed

    to establish any cogent motive for the alleged occurrence. While

    some witnesses referred to a dispute regarding a passage, PW-1

    Surjaram attributed the dispute to painting of a wall, thereby

    giving inconsistent versions regarding the alleged motive.

    According to the learned counsel, the prosecution has also failed

    to establish the source of light at the place of occurrence during

    the intervening night or the circumstances in which the witnesses

    could have correctly identified the assailants.

    18. Learned counsel further submits that although injured

    Sohanlal claimed that the cots on which he and Todarmal were

    sleeping had been cut during the assault, no such cot was ever

    recovered or seized during investigation, a circumstance which has

    also been noticed by the learned trial court. She also submits that

    the alleged recovery of the Barchhi and Kulhari was effected

    nearly ten days after the occurrence and, therefore, the same

    cannot be treated as a reliable incriminating circumstance.

    According to the FSL report, blood of the same group as that

    found on the clothes of the deceased was detected on the Barchhi,

    whereas only human blood was detected on the Kulhari allegedly

    recovered from accused Ved Prakash. She also submits that the

    investigating agency did not ascertain the blood group of the

    accused persons and, therefore, the FSL report does not

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    conclusively connect the recovered weapons with the alleged

    offence.

    19. Learned counsel for the accused-appellants submits that, in

    any event, the case of accused-appellant Bhanwarlal stands on a

    different footing and the essential ingredients of the offence

    punishable under Section 307 IPC are not made out against him.

    It is contended that, at the highest, the allegations may constitute

    offences punishable under Section 326 IPC or Section 304 Part II

    IPC. Learned counsel further submits that the learned trial court

    has erroneously invoked Section 34 IPC to fasten criminal liability

    upon accused-appellant Ved Prakash in the absence of any reliable

    evidence establishing a common intention between the accused-

    appellants.

    20. Lastly, learned counsel further submits that no injury was

    caused to the head, face or any other vital part of the body of the

    deceased and, therefore, the provisions of Section 300 IPC are not

    attracted. According to the learned counsel, the case, at best, is

    one of culpable homicide not amounting to murder and, therefore,

    the conviction under Section 302 IPC deserves to be altered to

    one under Section 304 Part II IPC. On these premises, it is prayed

    that the impugned judgment of conviction and order of sentence

    be set aside and the accused-appellants be acquitted of all the

    charges or, in the alternative, that the conviction under Section

    302 IPC be modified to one under Section 304 Part II IPC with a

    corresponding reduction in the sentence. In support of the

    aforesaid submissions, learned counsel has placed reliance upon

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    the judgment of the Hon’ble Supreme Court in Soman v. State of

    Kerala, reported in 2008 INSC 1222.

    21. E-Converso, learned Public Prosecutor supported by learned

    counsel for the complainant Mr. Rajeev Bishnoi have vehemently

    opposed the submissions advanced on behalf of the accused-

    appellant and have supported the findings recorded by the learned

    trial court. They submit that the impugned judgment dated

    26.02.2005 does not suffer from any infirmity or illegality and that

    the conviction of the accused-appellants has been rightly recorded

    on the basis of reliable and cogent evidence available on record.

    22. We have bestowed our anxious consideration to the

    submissions advanced by learned counsel for the parties and have

    carefully re-appreciated the entire oral as well as documentary

    evidence available on record including the impugned order dated

    26.02.2005.

    23. At the outset, this Court finds that no infirmity has been

    committed by the learned trial court while acquitting the co-

    accused Daluram and Smt. kishani. However, the position qua

    accused-appellants Bhanwarlal and Ved Prakash stands on an

    altogether different footing. The prosecution has examined injured

    eyewitness Sohanlal (PW-10), whose testimony receives

    substantial corroboration from the evidence of PW-1 Surjaram,

    PW-2 Chetanram, PW-3 Megharam, PW-4 Chhoti and PW-11 Smt.

    Ghammu. Their presence at the place of occurrence is natural and

    wholly unquestionable and the incident having taken place within

    the residential premises of the complainant during the intervening

    night. Despite lengthy and detailed cross-examination, nothing

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    material has been elicited so as to discredit their evidence on the

    core aspects of the prosecution case.

    24. It is a settled principle of criminal jurisprudence that the

    testimony of an injured witness occupies a special evidentiary

    value and ordinarily deserves greater weight when his presence at

    the place of occurrence cannot be doubted and he is unlikely to

    shield the real culprit and falsely implicate another. The evidence

    of PW-10 Sohanlal inspires confidence and furnishes a truthful

    account of the occurrence. His testimony finds complete

    corroboration from the ocular evidence available on record of

    other witnesses as well as the medical and scientific evidence.

    25. The medical evidence fully supports the ocular version. The

    post-mortem report establishes that Todarmal died on account of

    ante-mortem injuries resulting in excessive haemorrhage and

    shock. The medical expert has categorically opined that the

    injuries sustained by the deceased were sufficient in the ordinary

    course of nature to cause death. Likewise, the injury report of PW-

    10 Sohanlal establishes that he sustained grievous as well as life-

    threatening injuries inflicted by a sharp-edged weapon. Thus,

    there is complete harmony between the ocular and medical

    evidence.

    26. The recoveries affected pursuant to the disclosure

    statements of the accused-appellants further lend assurance to

    the prosecution case. The recovery of the weapons of offence,

    namely, the Barchhi and Kulhari, stands duly proved. The FSL

    reports reveal the presence of human blood on the recovered

    weapons and also establish the presence of blood of the same

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    group on the clothes of the deceased and other articles seized

    from the place of occurrence. The accused-appellants have failed

    to furnish any plausible explanation regarding these incriminating

    circumstances.

    27. The motive attributed by the prosecution, namely, the long-

    standing dispute regarding the passage adjoining the residential

    premises, also stands reasonably established. Even otherwise, in a

    case resting upon reliable ocular evidence of natural witnesses

    duly corroborated by medical and scientific evidence, motive

    recedes into the background and assumes only a corroborative

    significance.

    28. So far as the judgment relied upon by learned counsel

    appearing on behalf of the accused-appellants in case of Somon

    vs. State of Kerala (supra) is concerned, the same is not

    applicable as in the present case, no injury was caused on the

    head, face or any other vital parts of the body of the deceased.

    The argument of learned counsel for the appellant that the

    provisions of Section 300 IPC would not be attracted and, at the

    highest the case would fall within the ambit of Section 304 Part I

    or Part II IPC is of no avail on account of the fact that the the ratio

    laid down in Somon‘s case (supra) is clearly distinguishable on

    facts and has no application to the present case. In the instant

    matter, the medical evidence unequivocally establishes that the

    deceased sustained multiple ante-mortem injuries inflicted by

    sharp-edged weapons and the medical expert has categorically

    opined that the injuries, if taken cumulatively, were sufficient in

    the ordinary course of nature to cause death. Merely because the

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    injuries were not inflicted on the head, face or any other vital

    parts of the body would not, by itself, take the case outside the

    purview of Section 300 IPC when the nature of the weapons used,

    the multiplicity of injuries, the force employed and the medical

    opinion unmistakably establish that the bodily injuries intentionally

    inflicted were sufficient in the ordinary course of nature to cause

    death.

    29. Furthermore, the evidence on record unmistakably

    establishes that the accused-appellants, in furtherance of their

    common intention, trespassed into the residential premises of the

    complainant during the night, armed with deadly sharp-edged

    weapons, and repeatedly assaulted the sleeping victims. The

    manner of assault, the choice of weapons, the repeated blows

    inflicted upon the victims and the attending circumstances clearly

    manifest the intention to cause death or, at the very least, to

    inflict such bodily injuries as were sufficient in the ordinary course

    of nature to cause death. Consequently, the present case squarely

    falls within Clause ‘Thirdly’ of Section 300 IPC and is punishable

    under Section 302 IPC. The contention that the offence would fall

    under Section 304 Part I or Part II IPC is, therefore, devoid of any

    merit and deserves to be rejected. The conviction of the accused-

    appellants under Section 302 IPC, as recorded by the learned trial

    court, warrants no interference.

    30. Similarly, the conviction of accused-appellant Ved Prakash

    under Sections 307, 326 and 323 IPC, and the conviction of

    accused Bhanwarlal with the aid of Section 34 IPC for the said

    offences, are fully justified. The injuries sustained by Sohanlal,

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    particularly the grievous incised wound on the face extending

    towards the scalp, clearly demonstrate the intention and

    knowledge necessary to constitute the offence under Section 307

    IPC.

    31. This Court also finds no error in findings recorded for the

    conviction of the accused-appellants under Section 460 read with

    Section 34 IPC. The evidence conclusively establishes that the

    accused-appellants committed lurking house-trespass by night by

    entering the complainant’s dwelling house without authority and,

    while committing such house-trespass, caused the death of

    Todarmal and grievous injuries to Sohanlal. All the essential

    ingredients of Section 460 IPC stand fully satisfied.

    32. The discrepancies pointed out by the learned counsel for the

    accused-appellants are either minor in nature or relate to

    peripheral aspects of the prosecution case. They neither affect the

    substratum of the prosecution case nor create any reasonable

    doubt regarding the complicity of the accused-appellants. Rather,

    the evidence, when appreciated as a whole, forms a complete and

    unbroken chain consistently pointing towards the guilt of the

    accused-appellants and excluding every reasonable hypothesis

    consistent with their innocence.

    33. The Hon’ble supreme court in the case of Sunil Kumar vs.

    The State Govt of NCT of Delhi, reported in 2003 INSC 549

    the relevant para No.-8 reads as under –

    8. This Court held that as a general rule the
    court can and may act on the testimony of a
    single witness provided he is wholly reliable.
    There is no legal impediment in convicting a

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    person on the sole testimony of a single witness.
    That is the logic of Section 134 of the Indian
    Evidence Act, 1872 (in short the ‘Evidence Act‘).
    But, if there are doubts about the testimony the
    courts will insist for corroboration. It is for the
    Court to act upon the testimony of witnesses. It
    is not the number, the quantity, but the quality
    that is material. The time honoured principle is
    that evidence has to be weighed and, not
    counted. On this principle stands the edifice of
    Section 134 of the Evidence Act. The test is
    whether the evidence has a ring of truth, is
    cogent, credible and trustworthy, or otherwise.

    34. Applying the aforesaid settled principle to the facts of the

    present case, this Court finds that the testimony of the injured

    eye-witness, Sohanlal (PW-10), is clear, cogent, natural and

    wholly trustworthy. His evidence has remained consistent,

    unshaken and unblemished throughout the course of lengthy

    cross-examination, and no material contradiction, omission or

    improvement could be elicited so as to create any doubt regarding

    his credibility. This Court finds no reason whatsoever to disbelieve

    the testimony of the said witness.

    35. Accordingly, this Court is satisfied that the prosecution has

    proved beyond reasonable doubt that accused-appellant

    Bhanwarlal committed the offence punishable under Sections 302,

    307/34, 326/34, 323/34 and 460/34 IPC, while accused-appellant

    Ved Prakash committed the offences punishable under Sections

    302/34, 307, 326, 323 and 460/34 IPC. The learned trial court

    has meticulously appreciated the entire evidence in its proper

    perspective and has recorded findings which are based upon

    cogent reasons and settled principles of criminal law.

    36. Consequently, this Court finds no ground whatsoever to

    interfere with the impugned judgment of conviction and order of

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    sentence dated 26.02.2005 passed by the learned trial court. The

    judgment of conviction and order of sentence dated 26.02.2005

    passed by the learned Additional Sessions Judge, Ratangarh,

    Camp at Sujangarh, District Churu in Sessions Case No. 27/2001

    are hereby affirmed.

    37. The present criminal appeal, being devoid of merit, deserves

    to be and is hereby dismissed. The accused-appellants sentence

    were suspended by this Court vide orders dated 6.2.2007 and

    11.04.2008 and they are enlarged on bail. Since the appeal has

    been dismissed, therefore, their bail bonds are forfeited and they

    are required to be taken in custody.

    38. The record of the trial court be sent back forthwith along

    with a copy of this judgment for information and necessary

    compliance.

    (CHANDRA SHEKHAR SHARMA),J (VINIT KUMAR MATHUR),J

    69/Kartik Dave/C.P. Goyal/

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