BHAGIRATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These three appeals are directed against the judgment dtd. 25/3/1992 passed by the learned Sessions Judge, Churu in Sessions Case No.33/1990, whereby accused Mukan Singh, Nirana Ram, Shankar Lal, Girdhari Singh, Shyamla, Omla and Bhagirath have been convicted and sentenced as below :- <IMG>JUDGEMENT_171_LAWS(RAJ)11_2022_1.jpg</IMG>

(2.) It is relevant to note here that the accused appellants were charged for the offences punishable under Sec. 302 read with Sec. 149 IPC and Sec. 307 read with Sec. 149 IPC. However, the trial court while toning down the offence under Sec. 302 read with Sec. 149 IPC, convicted the accused appellants for the offence punishable under Sec. 304 Part I read with Sec. 149 IPC and acquitted them from the offence punishable under Sec. 307 read with Sec. 149 IPC.

(3.) While the accused persons have approached this court by way of D.B. Criminal Appeal No.139/1992 filed under Sec. 374 (2) CrPC for challenging their conviction and sentences awarded to them by the trial court, the State of Rajasthan has filed Criminal Appeal No.221/1994 under Sec. 378 (i) & (iii) CrPC for assailing acquittal of the accused from the charges punishable under Ss. 302 read with Sec. 149 IPC and 307 read with Sec. 149 IPC and D.B. Criminal Appeal No.283/1992 under Sec. 377 CrPC seeking enhancement of sentences awarded to the accused.