KAILASH CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been preferred by the appellants against the judgment dated 7 -8 -1984 passed by Addl. Sessions Judge, No. 1, Ajmer where by both the appellants have been found guilty 'of the offence under Section 302 and 302/34 IPC. They have been sentenced to life imprisonment and a fine of Rs. 2,000/ -, in default of payment of fine, to undergo 4 months' imprisonment. Both the apellants were also found guilty under Section 380 IPC and each has been sentenced to 5 years' rigorous imprisonment and a fine of Rs. 1,000/ -, in default of payment of fine, to further 4 months' S.I. All the sentences were ordered to run concurrently.

(2.) WE would like to mention here that the learned Additional Sessions Judge could not distinguish between the offence under Section 302 and 302 read with 34 IPC. It is very unfortunate that the learned Sessions Judge found the appellants guilty of the offence under Section 302 and under Section 302 read with 34 IPC. If there is no direct evidence and both the appellants had common intention, in that case they can be found guilty of the offence under Section 302 read with 34 IPC. In the present case the learned Addl. Sessions Judge found both the appllants guilty of the offence under Section 302 simplicitor and also under Section 302 read with 34 IPC This is very sad affair that the Addl - Session Judge could not understand the difference between these two offences. He could not make up his mind whether the appellants had committed offence under Section 302 simplicitor or whether they have committed offence under Section 302 read with 34, IPC.

(3.) THE Sessions Judge, Ajmer framed charge against both the accused -persons under Section 302 IPC or in the alternative under Section 302 read with 34 IPC He also framed charge under Section 380 and 380/34 IPC or in the alternative under Section 411 IPC. The accused persons did not plead guilty and claimed trial.