VIJAY KUMAR Vs. STATE

JUDGEMENT

(1.) These are two appeals, one S.B. Criminal Appeal No.07/1990 filed by the accused appellant against conviction whereas another appeal bearing S.B. Criminal No.539/2008 has been filed by the State seeking enhancement of sentence.

(2.) Since both the appeals are filed against the same judgment so for sake of conveniency adjudication of both the appeals is being done by a single order.

(3.) Learned counsel for the appellant has submitted that the appellant Vijay Kumar was convicted under Sec. 363 I.P.C. for two years of sentence and a fine of Rs. 1,000.00 vide order dated 12.12.1989 passed in Sessions Case No.77/84 (58/1983) by the Sessions Judge, Sirohi (hereinafter referred to as 'the trial court') and the instant case relates back to 5.4.1983. He has pointed out that Smt. Kashmira W/o Vijay Kumar Sahani has since died after leaving 3 siblings. The learned counsel has further submitted that the complainant Babu Bhai, father of the prosecutrix Smt. Kashmira who was at dispute with Vijay Kumar has resolved his dispute and a notary affidavit has also been filed in which it is recited that Kashmira daughter of deponent Babu Bhai Kashyab has died on 22th Sept., 2005 after leaving 3 kids and he has compromised with Vijay Kumar Kashyab, so the appeal be decided in undergone.