LAKHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) LAKHAN s/o Ramkaran, Balram s/o Rang Lal, by caste Meena, and Shri Ram @ Musya s/o Harbhajan, were nominated as accused during the course of investigation of case FIR No. 270/1993 registered at Police Station Manpur, District Dausa, for the offences under Sections 460, 307/34 IPC. Subsequently, offences under Sections 397 and 302/34 IPC were added. During the course of trial, Balram and Shri Ram @ Musya deserted the trial and were declared proclaimed offender. The appellant, Lakhan was convicted by the court of Additional Sessions Judge (Fast Track), Bandikui by the judgment dated 6.11.2001, for the offences under Sections 302/34, 397/34 and 324/34 IPC.

(2.) THE co -accused, Balram had deserted the trial on 18.11.2001 and he was declared as proclaimed offender on 16.7.2001. But he was later apprehended on 15.9.2001. He again deserted the trial, and was declared proclaimed offender on 9.10.2001. Thereafter, he was again arrested on 26.5.2003 and thereafter, trial proceeded against him from the stage he had absconded. The co -accused, Balram had deserted the trial when his statement u/s 313 Cr.P.C. had already been recorded and the case was fixed for defence evidence.

(3.) THE impugned judgment was delivered against the appellant on 6.11.2001, whereby the appellant was held guilty of offence under Section 302/34, 397/34 and 324/34 IPC. By a separate order of even date, the appellant was sentenced as under: - U/s. 302/34 IPC: to undergo life imprisonment and to pay a fine of Rs. 500/ -, in default of payment of fine, to further undergo two months' S.I. U/s. 397/34 IPC: to undergo R.I. for seven years and to pay a fine of Rs. 500/ -, in default of payment of fine, to further undergo two months' S.I. U/s. 324/34 IPC: to undergo S.I. for two years and to pay a fine of Rs. 500/ -, in default of payment of fine, to further undergo two months' S.I.