ROOPA Vs. THE STATE OF RAJ.

JUDGEMENT

(1.) THE petitioner has preferred this revision petition against the judgment dated 26.09.1996 passed by the learned Additional Sessions Judge, Rajsamand whereby the appeal preferred against the judgment and order dated 17.10.1995 passed by the learned Judicial Magistrate, Rajsamand was dismissed and affirmed the conviction and sentence awarded by the learned trial court, which was as under: -

(2.) ALL the sentences were ordered to run concurrently.

(3.) ON the basis of the said report Case No. 76/1989 was registered and investigation commenced. During investigation, Dakhi died. Her body was postmortemed. After investigation, the police filed challan against the petitioner -accused on 15.05.1989 in the court of the learned Additional Chief Judicial Magistrate, Rajsamand (hereinafter referred to as 'the learned trial court'). Learned trial court explained the substance of charges on 01.12.1989 to the petitioner -accused for the offences under Sections 279, 337, 338 and 304 IPC to which he denied and claimed to be tried. To substantiate the charges, the prosecution examined as many as 10 witnesses. Thereafter, the petitioner -accused was examined under Section 313 Cr.P.C. in which he stated that to save one person, he lost the control since the place was narrow and examined Nathu (DW -1) in his defence.