BABU SHAH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BABU Shah S/o Shakoor Shah, Vinod Kumar S/o Nathu Nat, Kum. Vimla D/o Roopa @ Fateh Singh @ Sarupa, Kum. Sajjo D/o Roopa Mata Manbhar Nat, Surendra @ Kalu S/o Ramesh Chand, Shaitan S/o Ram Kunwar Meena were tried by the Court of Additional Sessions Judge (Fast Track) No.1, Tonk for having caused murder of one Mitthu Choudhary on the intervening night of 10.3.2004 and 11.3.2004. They were also tried for causing injuries to Ram Sahai (P.W.1). The learned trial court vide impugned judgment dated 2.7.2005 held the appellant Babu Shah guilty of offences under Sections 302 and 325 IPC and co -accused Vinod Kumar as guilty of offence under Section 302/34 IPC. Remaining accused were acquitted by granting benefit of doubt. The trial Judge vide a separate order of even date, sentenced the appellant Babu Shah for offence under Section 302 IPC to life imprisonment, pay a fine of Rs.1000/ - in default thereof, to undergo two months simple imprisonment. Babu Shah was also sentenced for offence under Section 325 IPC to three years rigorous imprisonment, pay a fine of Rs.500/ - in default thereof, to undergo one month simple imprisonment. Trial court further ordered that the appellant shall first undergo sentence under Section 325 IPC and his sentence under Section 302 IPC shall commence thereafter. Vinod Kumar co -accused was sentenced for offence under Section 302/34 IPC to life imprisonment, pay a fine of Rs.1000/ - in default thereof, to undergo two months simple imprisonment. Aggrieved against his conviction and sentence, Vinod Kumar had filed D.B. Criminal Appeal No.734/05.

(2.) SHRI Tarun Mishra learned counsel appearing for Babu Shah has stated that Vinod Kumar died during pendency of appeal and his appeal has been disposed of having abated.

(3.) BABU Shah instituted the present D.B. Criminal Appeal No.627/2005 to assail his conviction and sentence. In the said appeal, he has also filed an application bearing No.1174 dated 2.2.2010 praying that in case the appeal is not allowed, sentences be ordered to run concurrently.