NARAYAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Narayan Singh accused-appellant has challenged judgment and order dated 10-10-2000 delivered by Sessions Judge, Pratapgarh by filing this appeal under sub-section (2) of S. 374, Cr. P.C. By the impugned judgment learned Court below has convicted accused-appellant under Part I of S. 201, I.P.C. and sentenced him to seven years' rigorous imprisonment along with fine of Rs. 100/-. In default of payment of fine 15 days rigorous imprisonment was also awarded.

(2.) Mr. Garg, learned counsel for the accused-appellant contended before us that the charges under Ss. 304-B and 201 of I.P.C. were framed not only against the accused-appellant but also against his father Laluram, mother Jamni Bai and brother Onkar Lal but the Court below has acquitted all the accused persons in the above charges except the present appellant only on the basis of conjecturs and surmises. When the charge of murder was not proved how can accused-appellant be convicted under Part I of S. 201, I.P.C. Learned counsel relied upon Ramsharan Mehto v. State of Bihar, AIR 1999 SC 3435 : (1999 Cri LJ 4311).

(3.) On the contrary, learned Public Prosecutor has supported the impugned conviction and sentence.