PRADEEP KUMAR & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the accused-appellants, learned Public Prosecutor and learned counsel for the complainant. Five accused-persons were put to trial for various offences under Sections 148, 364, 302, 302/149, 450, 323, 325, 323/149 & 325/149. The learned Additional Sessions Judge, Jhunjhunu vide judgment dated 20.9.2000 acquitted all the accused for offences under Sections 364, 302, 302/149 & 450 I.RC. but convicted and sentenced them for other offences.

(2.) Four accused-appellants filed Criminal Appeal No. 551/2000 while one accused Mahipal filed separate appeal bearing No. 550/00 against their conviction and sentence. Both the appeals were listed before Honourable Division Bench. The Honourable Division Bench ordered for listing these two appeals before Single Bench.

(3.) Learned Public Prosecutor and learned counsel for the complainant pointed out that the State filed an application for leave to appeal against acquittal and leave was granted by Division Bench and the appeal was registered at its regular No. 114/2000 and that appeal is pending before the Division Bench, therefore, all these three appeals can be heard together by Division Bench. Reliance is placed upon Kulwant Singh Vs. Amarjit Singh & Ors., (2000) 3 SCC 290 , wherein it was held by Honourable Apex Court that cross appeals should be heard together by the High Court. Learned counsel also referred one judgment of this Court in State of Rajasthan Vs. Satya Narain, Tribhuvan & Nathu Ahir, RCC 1996 166 wherein appeal against acquittal for offence under Sec. 302 I.RC. and against conviction for offence under Sec. 380 I.RC. were heard and decided together by Division Bench.