ANIL KUMAR CHOUHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two appeals, one by the accused and another by the State, arising out of the same sessions case, and preferred against the same judgment and order, have been heard together; and are taken up for disposal by this common judgment.

(2.) THE accused-appellant Anil Kumar Chouhan and also the State of Rajasthan have challenged the judgment and order dated 22.07.1987 passed by the Sessions Judge Jodhpur in Sessions Case No.37/1985, whereby the learned Judge has convicted the accused-appellant Anil Chouhan for the offence under Section 304 Part-II IPC and has sentenced him to five years' rigorous imprisonment and fine of Rs.10,000/-, and in default of payment thereof, to undergo nine months' rigorous imprisonment; has further convicted him for offence under Section 309 IPC and sentenced him to six months' rigorous imprisonment with fine of Rs.100/-, and in default of payment, to undergo one month's rigorous imprisonment; and has yet further convicted him for the offence under Section 324 IPC and sentenced him to three months' rigorous imprisonment and fine of Rs.100/-, and in default of payment to undergo fifteen days' rigorous imprisonment. The sentences were ordered to run concurrently.

(3.) IN order to support its case, the prosecution examined 11 witnesses and submitted 23 documents. After going through the oral and documentary evidence, by the judgment and order dated 22.07.1987, the learned Sessions Judge convicted and sentenced the accused-appellant Anil Kumar Chouhan as aforementioned. The accused Anil Kumar Chouhan has filed the appeal for setting aside his conviction and sentence while the State of Rajasthan has filed the appeal for enhancement of the sentence awarded to the accused Anil Chouhan.