SATISH KUMAR, SON OF LATE SHRI DHANI RAM, RESIDENT OF VILLAGE KOTLU, TAPPA GARLI, PS AND TEHSIL, BARSAR, DISTRICT HAMIRPUR, H.P., PRESENTLY LODGED IN CENTRAL MODEL JAIL NAHAN, DISTRICT SIRMOUR, H.P. Vs. STATE OF H.P.

JUDGEMENT

(1.) CRIMINAL Appeal No. 72 of 2002 has been preferred by the convict -appellant under Section 374 (II) of Cr.P.C. against the judgment dated 22/25.2.2002, passed by learned Sessions Judge, Hamirpur, H.P., in Sessions Trial No. 3 of 2001, convicting appellant Satish Kumar by sentencing him to undergo rigorous imprisonment for three years and to pay a fine of Rs. 10,000/ - for offence under Section 304(2) of the Indian Penal Code and in the event of default of payment of fine, the convict - appellant was to undergo rigorous imprisonment for a further period of six months. The convict - appellant was also sentenced to undergo rigorous imprisonment for six months and to pay fine of Rs. 1000/ - for the offence under Section 448 of the Indian Penal Code and in case of default of payment of fine, he was to undergo further rigorous imprisonment for one month. Initially all the three accused, namely, Satish Kumar, Thakuri Devi and Seema Devi were charged for the offences under Sections 302, 452 read with Section 34 IPC in reference to FIR No. 85 of 2000 dated 10.8.2000, however, learned Sessions Judge vide impugned judgment has converted the conviction against appellant Satish Kumar for offences under Sections 304(2) and 448 IPC and has passed the sentence against him as indicated above and vide same judgment the learned Sessions Judge has acquitted two co -accused Thakuri Devi and Seema Devi by giving them the benefit of doubt for the offences under Sections 302, 452 read with Section 34 IPC. The Criminal Appeal No. 260 of 2002 has been preferred by the State of H.P. under Section 377 of the Code of Criminal Procedure against the judgment dated 22/25.2.2002, passed by the learned Sessions Judge, Hamirpur, H.P., in Sessions Trial No. 3 of 2001, for enhancement of sentence against the convict - appellant Satish Kumar.

(2.) THE Criminal Appeal No. 431 of 2002 has come up for consideration after the leave to appeal was granted under Section 378(3) Code of Criminal Procedure against the impugned judgment dated 22/25.2.2002, passed by the learned Sessions Judge, Hamirpur, H.P., in Sessions Trial No. 3 of 2001, whereby accused - respondent Satish Kumar, Thakuri Devi and Seema Devi were tried for the offences under Sections 302, 452 read with Section 34 of the Indian Penal Code in reference to F.I.R. No. 85 of 2000, dated 10.8.2000, however, vide impugned judgment, learned Sessions Judge has acquitted Thakuri Devi and Seema Devi for the aforesaid offences.

(3.) IN order to adjudicate the present appeals, it is necessary to give the facts of the case.