RADHA Vs. KHAJAN SINGH

JUDGEMENT

(1.) THE aforesaid three appeals are preferred against the judgment dated 11. 02. 1992, passed by Shri Mahesh Singh Tanwar, Special Judge (Atrocities Court), Addl. Sessions Judge, Jodhpur in Session Case No. 31/90, State Vs. Khajan Singh and others, whereby he convicted each of the accused-appellant for offence under section 498-A IPC and sentenced each of them to under go one years' rigorous imprisonment and- fine of Rs. 1,000/-each. In default of payment of fine, each of them was ordered to further undergo three months' simple imprisonment. THE learned trial court however, acquitted the accused Khajan Singh for the offences under Sections 376 and 406 IPC and other two accused Sikandar and Smt. Jethi for offence punishable under Section 406 IPC. Since these appeals arise out of the same judgment and are connected matters, they are disposed of by this common judgment.

(2.) APPEAL No. 161/92 has been filed by Smt. Radha through the State for enhancement of sentence of the accused awarded by the learned Addl. Sessions Judge No. 3, Jodhpur convicting and sentencing the accused persons as indicated above for the offence punishable under Section 498-A IPC.

(3.) DURING Trial, the prosecution examined 17 witnesses in support of its case while the accused persons examined two witnesses in their defence. After trial the Addl. Sessions Judge, Jodhpur convicted and sentenced the accused persons for offence punishable under Section 498-AIC, as indicated above, while acquitting appellant Khajan Singh for offence under Sections 406 and 376 IPC and other two accused, namely Sikandar and Smt. Jethi for offence under Section 406 IPC, as indicated above.