RAJU ALIAS RAJKUMAR AND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned Public Prosecutor and the learned counsel for the appellants.

(2.) Since all the four appeals arise from the same judgment, it is just and proper that these appeals should be decided by one judgment.

(3.) In Sessions Case No. 34/78, State v. Azad, appellants Raju alias Rajkumar and Azad alias Lalit were tried on charges under Sections 120-B, 302, 302 read with 34, 457 and 380, I.P.C. Another accused Narendra Kumar was tried on charge under Section 120-B, I.P.C. After trial Narendra Kumar was acquitted of the charge under Section 120-B, I.P.C. The appellants were also acquitted of the charge under Section 120-B and 457, I.P.C., but both of them were convicted under Section 302, 454 and 380, I.P.C. Both of them were sentenced to imprisonment for life, and a fine of Rs. 1000/- and rigorous imprisonment for two months for default in payment of fine for the offence under Section 302, I.P.C., rigorous imprisonment for two years and a fine of Rs. 1000/- and further rigorous imprisonment for one month for default in payment of fine for the offence under Section 454, I.P.C. and rigorous imprisonment for two years and a fine of Rs. 1000/- and further rigorous imprisonment for one month for default in payment of fine for the offence under Section 380, I.P.C. Feeling aggrieved by the conviction as well as sentence, the appellants Azad alias Lalit and Raju alias Rajkumar have filed these appeals. The learned District and Sessions Judge further directed that articles 1 to 5 be returned to Prabhulal, who is appellant in D. B. Criminal Appeal No. 393/79, but directed that other articles be forfeited. Feeling aggrieved by the forfeiture of articles other than the articles 1 to 5 Prabhulal has also filed the appeal.