RAJJAN Vs. STATE OF M P

JUDGEMENT

(1.) The present order shall govern the disposal of CRA. 625/2015 and CRA. 626/2015.

(2.) The present appeals preferred u/s. 374(2) Cr.P.C. assail the judgment dated 31st March, 2003 passed in S.T. No. 38/2001 & S.T.39/2001 rendered by Second Additional Sessions Judge, Bhind whereby the trial Court has convicted and sentenced the appellant Rajjan as enumerated below :- S.T. No. Conviction u/s Sentence Awarded 38/2001 364(A) IPC Life Imprisonment Rs. 5000/- with default stipulation. 39/2001 364 (a) / 34 IPC Life imprisonment Rs. 5000/- with default stipulation.

(3.) The bare facts giving rise to the present case are that arising out of an incident that took place in the night intervening 27th and 28th February, 1999, two offences of like nature i.e. 364(A) / 34 IPC were registered separately as Crime No. 12/1999 and 13/1999 at Police Station Surpura, District Bhind against 23 accused including the appellant herein, who is common in both the present appeals. It so happened that the appellant was absconding and therefore, out of 23 accused the trial against 22 accused was commenced and concluded by judgment dated 20.09.2001 in S.T. No. 39/2001 in respect of crime No. 12/1999 and by judgment dated 19.09.2001 in S.T. No. 38/001 in respect of Crime No. 13/1999. In both these judgments all the 22 accused ( except the absconding appellant herein) were acquitted of the charges u/S. 364(A)/ 3, 212, 216(A) , 500 IPC and Section 25(1) (B) (A) / 27 of Arms Act.