STATE OF RAJASTHAN Vs. CHATAR LAL & ANR.

JUDGEMENT

(1.) These two appeals are to be decided together as they arise out of the same judgment of learned Additional Chief Judicial Magistrate, Rajsamand dated 17.9.1984 by which he acquitted Ganesh Lal but convicted Chatar Mai and passed meagre sentence according to the prosecution.

(2.) In appeal No. 32/85 it has been prayed that the sentence passed against Chatar Mai may be increased while in appeal No. 358/85 it has been prayed that acquittal of Ganesh Lal be converted into conviction. The most interesting thing in this case is found that Chatar Mai had filed appeal against his conviction by learned Additional Chief Judicial Magistrate before Sessions Judge, Rajsamand who allowed the appeal and set aside conviction and sentence of Chatar Lal in Cr. Appeal No. 56/84, decided on 13.6.1985 but he prosecution ignorant of this fact, has not caused to file any appeal against this acquittal. Therefore, appeal to enhance sentence has become infructuous. I am concerned only with the case of Ganesh Lal.

(3.) I have heard the learned Public Prosecutor as well as learned counsel for the accused respondents.