SIKANDER KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CHALLENGE in this appeal, filed under Section 374 of the Code of Criminal Procedure ('the Code', for short), is to the correctness of the judgment and order dated 19-3-2004 rendered in Sessions case No. 05/2001 (1/2000) by the learned addl. Sessions Judge (Fast Track) No. 1, sirohi.

(2.) BY the impugned judgment and order, appellant No. 1 Sikander Khan (A-1 for short), has been convicted for the offences under Sections 302, 307, 324 and 352 of ipc and has been sentenced to imprisonment of life and fine of Rs. 5. 000/- in default to one year imprisonment under section 302, IPC, seven years R. I. and fine of rs. 5. 000/- in default of payment of fine one year imprisonment. Under Section 307, IPC, one year R. I. and fine of Rs. 1. 000/- in default of payment,of fine one year imprisonment under Section 324, IPC and one month r. I. under Section 352, IPC, whereas appellant No. 2 Zahir Abbas (for short A-2) has been convicted for commission of the offence punishable under Section 302/34, 307/34, 324/34 and 352/34 of IPC and sentenced to imprisonment of life and fine of Rs. 5,000/-in default one year imprisonment under section 302/34, IPC, seven years R. I. and fine of Rs. 5. 000/- in default of payment of fine one year imprisonment under Section 307/34, IPC, one year R. I. and fine of Rs. 1,000/- and in default of payment of fine one year's imprisonment under Section 324/ 34, IPC and one month R. I. under Section 352/34, IPC. It is also ordered that sentences awarded to both the accused shall run concurrently.

(3.) THE prosecution case, as disclosed from the FIR, and unfolded during trial is as under :