SUWA BAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SINCE trial in both the appeals was conducted separately, the witnesses were examined and documents were exhibited separately, therefore, it would be profitable to narrate the facts in both the appeals separately. Facts relating to D. B. Criminal Appeal No. 546/97:

(2.) THE accused appellants were put on trial for committing murder of Dhappi. At the conclusion of trial, the learned Sessions Judge, Karauli found the accused appellants guilty of the offences charged with and accordingly convicted them for offence under Sections 302/149 IPC and 148 IPC and sentenced each of the accused to undergo life imprisonment with a fine of Rs. 200/- on the first count and to undergo rigorous imprisonment for one years with a fine of Rs. 200/-, in default thereof, each to undergo 3 months imprisonment, on the second count.

(3.) AT the conclusion of trial, the learned trial court found the charges established against the accused appellants and accordingly convicted them for offence under Sections 148 IPC and 302/149 IPC and sentenced each of them to undergo rigorous imprisonment for one year with a fine of Rs. 200/-, in default thereof to further undergo 3 months rigorous imprisonment on the first count and life imprisonment with a fine of Rs. 200/- each, in default thereof to undergo rigorous imprisonment for 3 months on the second count, vide impugned judgment dated 8. 10. 2002. Hence, the present appeal against conviction and sentence. Facts relating to Appeal No. 1034/2001: