BRIJESH KUMAR Vs. STATE

JUDGEMENT

(1.) This judgment will dispose of the aforementioned appeals preferred by the State of Rajasthan as well as by the accused-Appellant against the judgment and order dated 5-8-1981 passed by the learned Sessions Judge, Alwar in the matter of FIR No. 508/1980 of P.S. Kotwali (Alwar) (Ex. P/1) in Sessions Case No. 20/ 1981.

(2.) Accused Brijesh Kumar alias Dabboo along with Jitendra Kumar and Brijendra Kumar alias Shyam, had been set up for trial in the first instance.

(3.) Vide judgment dated 5-8-1981 in Sessions Case No. 20/1981, learned Sessions Judge, Alwar acquitted all the three accused from offences under Sections 302, 302/34 and 449, IPC. However, accused Brijendra alias Shyam and Jitendra were found guilty under Section 323, IPC but were granted benefit of Probation of Offenders Act: whereas accused-Appellant Brijesh alias Dabboo was found guilty under Section 304, Part I, IPC and was sentenced to six years' rigorous imprisonment along with fine of Rs. 1,000/- in default whereof he was ordered to undergo additional simple imprisonment for a period of six months. He was acquitted of the offence under Section 324, IPC as well.