(1.) Heard learned counsel for the appellant, learned Public Prosecutor and learned counsel for the complainant and perused the material available on record.
(2.) The instant appeal under Section 374 (2) Cr.P.C has been preferred by the appellant Om Singh @ Om Prakash being aggrieved of the judgment dated 28.02.1992 passed by learned District and Sessions Judge, Bikaner in Sessions Case No.123/90 whereby the learned trial court convicted and sentenced the appellant as below:-
(3.) By the same judgment, two co-accused Gopal Singh and Prahlad Singh were acquitted of the charges by giving them the benefit of doubt. It may be stated here that originally the trial court framed charges under Section 307 read with Section 34 and 323 IPC against all the three accused persons. However, the two co-accused Gopal Singh and the Prahlad Singh were acquitted from the charges, and the appellant was convicted and sentenced as above.