BHOJA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been preferred by the accused appellants against the judgment and order dated 13. 1. 87 passed by learned Sessions Judge, Churu in Sessions Case No. 37/85 whereby the learned Sessions Judge, Churu while acquitting accused Bajrang lal for offence under Sec. 302 read with Section 114 I. P. C. convicted accused appellants for offence under Sec. 304 (II) read with Sec. 34 I. P. C. in place of Sec. 302 I. P. C. read with Sec. 34 I. P. C. and sentenced them as under:- Name of accused Offence under Sec. Sentenced awarded Bhoja Ram Sarvan Ram 304 (ii) read with Sec. 34 I. P. C. 5 years' R. I. and a fine of Rs. 3000/- in default to further undergo 1 year's R. I.

(2.) IT is stated here that accused appellant No. 2 Sarvan Ram has died, therefore, his appeal has been dismissed as abated by this Court vide order dated 30. 8. 2001. Hence, present appeal pertains to appellant No. 1 Bhoja Ram only.

(3.) THAT on 21. 9. 95, the learned Sessions Judge framed charges for offence under Sec. 302, 302/34 and 302/114 I. P. C. against the accused appellants and one Bajrang Lal the who pleaded not guilty and claimed trial.