(1.) Petitioners Dalpat Singh and Khuma have challenged their conviction under Ss. 420 and 468, IPC and sentence of one year R.I. and fine of Rs. 500/- on each count or in default further undergo three months S.I. upheld by learned Addl. Sessions Judge No. 2, Udaipur by judgement dated 3-8-88.
(2.) The petitioners were convicted and sentenced as stated above by the learned Judicial Magistrate, Gogunda by his judgement dated 3-12-1982 in Cr. Case No. 203/80. In fact learned Judicial Magistrate, Gogunda held trial against four accused persons viz. Dalpat Singh, Chaina, Bhera and Khumu for charges u/Ss. 420, 468 and 477-A, IPC.
(3.) After concluding the trial and on the basis of the evidence oral and documentary on record, the learned Judicial Magistrate, Gogunda acquitted co-accused Chaina of all the charges, convicted Dalpat Singh for all the charges and sentenced him to undergo one year R.I. and Rs. 500/- fine or in default to undergo three months S.I. on each count. Co-accused Bhera and Khuma were convicted u/Ss. 420, 468 and sentenced to undergo one year R.I. and Rs. 500/- fine or in default to further undergo three months S.I. on each count but acquitted them of the charge u/S. 477-A of IPC.