KAILASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BOTH these appeals are directed against the same judgment passed by the learned Additional Sessions Judge, Kota dated 1st October, 1982, in sessions case No 31/1082. by which the learned Additional Sessions Judge, convicted the accused appellant Kailash, for the offence Under Section 304, Part -11, IPC and sentenced to undergo 7 years, rigorous imprisonment and a fine of Rs. 1,000/ -, in default of payment of fine the accused -appellant Kailash, will further suffer 6 months simple imprisonment. The learned Additional Sessions Judge, also convicted accused Kailash for the offence Under Section 331 read with Section 35, IPC and sentence him to under 6 months RI and a fine of Rs. 250/, in default of payment of fine accused Kailash will have to charge two month's simple imprisonment.

(2.) LEARNED Additional Sessions Judge, also convicted accused appellants namely Satyendra and Yogendra, for the offence Under Section 304, Part -II read with Section 34, IPC and sentenced them to undergo 3 year's rigorous imprisonment and a fine of Rs. 500/ - cash. In default of payment of fine they will further undergo 3 month's simple imprisonment. The learned Additional Sessions Judge, also convicted the accused appellant Yogesh for the offence Under Section 334, IPC and sentenced him to undergo 6 months RI and a fine of Rs. 250/ -and is default of payment of fine he will further undergo 3 month's simple imprisonment. The learned Additional District Judge 1, also convicted the accused -appellant Satyendra, for the offence Under Section 324/34, IPC aid sentenced trim to undergo 3 month's rigorous imprisonment and a fine of Rs. 250/ - and in default of payment of fine be will farther undergo 2 months simple imprisonment. It was also directed by the learned Additional Sessions Judge, that all the sentence awarded to the accused appellants shall run concurrently.

(3.) ON behalf of the prosecution Anand Kumar P.W. 7, P.W. 11 Gyarst Lal P.W. 1 Rameshwar Prasad, and P.W. 6 Gurudayal Singh, have been produced as eye witnesses.