VIRENDRA PAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dated 1st April, 1987 whereby the learned Additional Sessions Judge No.2, Alwar convicted the accused appellant Virendra Pal Singh for the offence under Sec. 324 of Indian Penal Code and released him under Sec. 4 of Probation of Offenders Act on probation of good conduct.

(2.) The accused appellant has preferred this appeal against his conviction for the offence under Sec. 324 of Indian Penal Code and the complainant Banwari Lal @ Polya has filed a criminal revision imploring to convict him for the offence under Sec. 307 or 304/34 and 341 of Penal Code instead under Sec. 324 of Indian Penal Code and award adequate sentence therefor. Since both the aforesaid criminal appeal and criminal revision arise out of and pertain to the impugned judgment dated 1st April, 1987, they have been heard together and are being disposed of by this common judgment.

(3.) Necessary facts for the disposal of the aforesaid criminal appeal and criminal revision are, succinctly, stated thus: