MONU & ANR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE present appeal has been instituted by two brothers, namely Monu and Vishal. They along with their father, Bihari Lal s/o Kanhaiya Lal, Kundan s/o Hari Ram, Shanti Lal s/o Kanhaiya Lal and Pawan Kumar s/o Jai Singh, were tried for causing murder of one Chintu. It is to be noted that Bihari Lal is father of the appellants. Kundan and Shanti Lal are also closely related to the accused.

(2.) THE court of Additional Sessions Judge (Fast Track) No.1, Ajmer, acquitted Shanti Lal, Bihari Lal, Kundan and Pawan Kumar. However, the trial court came to the conclusion that the appellant, Monu is liable to be substantively convicted for the offence under Section 302 IPC and his brother, Vishal with the aid of Section 34 IPC. The trial court, however, convicted Bihari Lal, Shanti Lal, Kundan and Pawan Kumar for the offence under Section 323 IPC and released them on probation. The trial court vide a separate order of even date, sentenced the appellants Monu and Vishal to undergo life imprisonment and to pay a fine of Rs. 1,000/ -, in default of payment of fine to further undergo three months S.I.

(3.) HENCE , the present appeal has been filed to assail conviction and sentence awarded upon the appellant.