DINESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two appeals are directed against the common judgment and order dated 19/12/2002 passed by the Additional Sessions Judge, (Fast Track) No. 1, Jhunjhunu, in Sessions Case No. 50/2002 (64/2001) (105/2000), therefore, both are being disposed of by this common order.

(2.) THE trial court has convicted and sentenced the accused- appellants as under:- Accused Under Sections 376 IPc 366 IPc 376 r/w 114 IPc Dinesh Kumar To undergo 5 years RI and a fine of Rs. 1000/-; in default of payment of fine, to further undergo1 month's additional Si To undergo 5 years RI and a fine of Rs. 1000/-; in default of payment of fine, to further undergo1 month's additional Si Smt. Saroj To undergo 3 years RI and a fine of Rs. 500/-; in default of payment of fine, to further undergo 15 days additional Si

(3.) IN support of the charge, the prosecution examined both, oral and documentary evidence. The statements of accused-persons were recorded under Section 313, Cr. P. C. , wherein accused Dinesh stated that a false case has been registered and the reason behind it is that his mother Vimla Devi had given Rs. 10,000/- to Smt. Leela on credit basis and, on demand of money, quarrel took place number of times in the two families and the present case has been lodged due to that enmity. He further stated that during the period 1. 7. 1999 to 5. 7. 1999 he had gone to Mahuwa to attend his grandmother Omwati, who was ill, and came at Chirawa on 6. 7. 1999.