MANGAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both these criminal revision petitions under Section 397/401 Cr.P.C., the petitioners have challenged the judgment and order dated 03.09.2005 passed by Additional Sessions Judge, (Fast Track), Hanumangarh ( for short 'the appellate court' hereinafter) in Criminal Appeals No. 38 & 36/2005, whereby the appeals filed by the petitioners against the judgment and orders dated 28.8.2002 & 03.09.2002 passed by Judicial Magistrate, Hanumangarh ( for short 'the trial court' hereinafter) in Criminal Case No. 170/01 (41/2000) & 171/01 (40/2000), were dismissed. Aggrieved by the judgment and order impugned dated 03.09.2005 passed in Criminal Appeals No.38 & 36/2005, the petitioners have filed these two separate revisions.

(2.) Since both these revisions involve common question of facts and law and arise between the same parties, with the consent of learned counsel for the parties, they are heard together and are being decided by this common order.

(3.) The petitioners were convicted by the trial court in both the cases for the offences under Sections 454 and 380 IPC and sentenced to undergo three years simple imprisonment on each count and a fine of Rs. 300/- in default of payment of fine further to undergo six days simple imprisonment on each count. However, both the petitioners have been acquitted of the offence under Section 457 IPC. The sentences were directed to run concurrently in each case.