ANIL SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ANIL Sharma and Yogesh, the two appellants were tried for the charges under secs. 147, 148, 302, 302/34, 302/149, 323, 323/34 and 323/149 I. P. C. by the Sessions Judge, Banswara, vide judgment dated August 21, 1987 the learned Judge convicted ANIL Sharma under section 147 and 323 I. P. C. and sentenced him one year R. I. and a fine of Rs. 500/-, in default of payment of fine to undergo six months R. I. on the first count and one year's R. I. and a fine of Rs. 500/-, in default of payment of fine to undergo six months R. I. Yogesh appellant was convicted under sections 302, 148 and 313 149 I. P. C. and was sentenced to imprisonment for life and a fine of Rs. 100/-, in default of payment of fine to undergo fifteen days R. I. on the first count, one years R. I. on the second count and six months R. I. on the third count with an order that the substantive sentences of the two appellants shall run concurrently.

(2.) THE remaining nine co-accused were held guilty under section 147 and 323/149 I. P. C THEy were however given benefit under the Probation of Offenders Act and were bound down for maintaining peace and be of good behaviour for a period of one year. Appellant Anil Sharma and Yogesh have preferred two separate appeals against their conviction and sentences. As the two appeals arise out of the same judgment, we propose to dispose them of by a common judgment.

(3.) WE heard Mr. N. N. Mathur, learned counsel for Yogesh appellant. Mr. S. K. Goel, learned counsel for appellant Anil Sharma and Mr. Vijay Singh Chaudhary, learned Public Prosecutor for the State and carefully examined the record of the case.