STATE OF RAJASTHAN Vs. HUKAM CHAND

JUDGEMENT

(1.) Respondents Manjit Singh and Hukam Chand were tried for the offences under sections 307 and 364 Indian Penal Code by the Assistant Sessions Judge. Sri Ganganagar. By the judgment dated July 20, 1972 the learned AddI. Sessions Judge acquitted the two respondents for the offence under section 364 Indian Penal Code but held them guilty for the offence under section 307 Indian Penal Code and sentenced each of them to three years R.I. and a fine of Rs. 1000/-. In default of payment of fine to undergo six months R.I. each.

(2.) Being dissatisfied by their conviction and sentence the two respondents preferred an appeal in the Court of Sessions Judge, Sri Ganganagar. By the judgment dated October 12, 1972 the learned Sessions Judge allowed the appeal of Hukam Chand and acquitted him of the charge under section 307 Indian Penal Code. The appeal of Manjit Singh was partly allowed and his conviction under section 307 Indian Penal Code was altered to one under section 325 Indian Penal Code. However the sentence awarded to him by the trial Court was maintained. The State of Rajasthan felt aggrieved by the acquittal of the respondents for the offence under section 307 Indian Penal Code and has therefore, preferred an appeal in this Court.

(3.) Briefly stated the facts of the case living rise to this appeal are as under.