MOOLCHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this joint appeal Under Section 374(2) Cr.P.C. accused appellants Moolchand and Daulat Ram have challenged judgment of conviction and order of sentence dated 31.3.1998 delivered by learned Additional Sessions Judge No. 2, Hanumangarh. By the impugned judgment the learned Sessions Judge while convicting accused appellant Daulat Ram Under Section 376 I.P.C. and Moolchand Under Section 376 read with 109 I.P.C. awarded each of them seven years' rigorous imprisonment alongwith a fine of Rs. 1000/ - each. Both the accused appellants were simultaneously convicted for an offence Under Section 450 I.P.C. and each of them has been awarded three years' rigorous imprisonment alongwith a fine of Rs. 500/ -.

(2.) I have heard the learned Counsel for the appellants as also the learned Public Prosecutor at length and have perused the impugned judgment alongwith the record available on the file.

(3.) DURING trial prosecution examined eight witnesses and exhibited nine documents. Accused appellants in their statements under Section 313 Cr.P.C. denied all the incriminating evidence appearing against them, pleaded false implication and claimed acquittal. DW -1 Lalchand and DW -2 Thakar Ram have been examined in the defence. Thereafter the learned trial court after threadbare discussion of the evidence as also relevant law has convicted and sentenced the accused appellants as stated above.