RAJESH @ RAJU PATEL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In the instant criminal appeal filed under Sec. 374 Crimial P.C., 1973 the appellants are challenging the judgment dated 31st of May, 2008 passed by learned Additional Sessions Judge (FT), Rajsamand in Session Case No. 1/2008 (State Vs. Rajesh @ Raju & Ors.) arisen out of F.I.R. No. 147/2007 of Police Station Charbhuja, District Rajsamand, whereby both the appellants were convicted for offence under Sections 201, 302, 302/34 & 380 of Penal Code and following sentence was passed against them, which reads thus: 201 of IPC: Three years' Rigour Imprisonment for life along with fine of Rs.1,000.00. In default of payment of fine, to further undergo two months? additional imprisonment. 380 of IPC: Three years' Rigour Imprisonment for life along with fine of Rs.1,000.00. In default of payment of fine, to further undergo two months? additional imprisonment. Appellant No. 1- Rajesh @ Raju 302 of IPC: Imprisonment for life along with fine of Rs. 5,000.00. In default of payment of fine, to further undergo six months? additional imprisonment. Appellant No. 2 Smt. Meena Ben 302/34 of IPC: Imprisonment for life along with fine of Rs. 5,000.00. In default of payment of fine, to further undergo six months' additional imprisonment.

(2.) As per facts of the case, appellant, Rajesh @ Raju and Smt. Meena Ben were tried by the learned Addl. Sessions Judge (FT), Rajsamand (Trial Court) along with co-accused Prashant Joshi, for offence under Sections 302, 302/34, 201, 380 and 120B of IPC.

(3.) A written report (Ex.P/1) was submitted by complainant Shambhoo Singh, in which following facts were disclosed by him: ...[VERNACULAR TEXT OMITTED]...