PREM CHAND @ PEMA Vs. STATE OF RAJ.

JUDGEMENT

(1.) Heard the learned counsel for the appellants and learned Public Prosecutor. Since both the appeals arise from the same judgment, therefore, they were heard together and we propose to dispose of them by a common judgment.

(2.) In Sessions case No. 52/95, State Vs. Prem Chand and others three persons namely Prem Chand alias Pema, Smt. Ganeshi, and Kalu were tried by the learned Additional Sessions Judge No. 1, Udaipur on charges under Sections 366 and 343 of the Indian Penal Code. Kalu was also charged under Sec. 383 read with 34 of the Indian Penal Code. Above named accused persons pleaded not guilty to the charges framed against them, therefore, trial was conducted. During trial Kalu expired, therefore, proceedings against him were dropped on 26th June, 1996 and trial continued against Prem Chand and Smt. Ganeshi. Another co-accused Girdhari who was also named in the charge-sheet submitted by the Police was absconding, therefore, he could not be tried. After trial Prem Chand as well as Smt. Ganeshi were acquitted of the charge punishable under Sec. 343 of the Indian Penal Code but both of them were convicted under Sec. 366 of the Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for 2 years and to pay fine of Rs. 200.00 and to undergo further simple imprisonment for 3 months for default in payment of fine. Smt. Ganeshi as well as Prem Chand have filed separate appeals against their conviction as well as sentence.

(3.) The facts of the case may be briefly summarised as below;