RAMCHARAN ALIAS NOLIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) APPEAL No. 511 of 1979 filed by Ramcharan alias Noliya and appeal No. 523 of 1971 filed by Nand Kishore arise out of the same judgment, as such they are being disposed of by a common order.

(2.) BOTH these appeals are directed against the judgment dated June 26, 1978 of learned Sessions Judge, Jhalawar whereby he convicted accused Ram Charan under section 302 I P. C. for committing the murder of Shankerlal and sentenced him to imprisonment for life and a fine of Rs. 1,000/-, in default of payment of fine to further suffer one week's imprisonment. The accused was also convicted under section 323 I. P. C. and sentenced to one month's imprisonment. The substantive sentence of imprisonment were ordered to run concurrently.

(3.) THE net result of the above discussion is that the conviction of the accused-appellant Ramcharan is set aside. Instead he is convicted under section 304 Part I of the Indian Penal Code and sentenced to suffer an imprisonment for a period of five years. THE appeal filed by accused Nand Kishore is rejected.