STATE Vs. GORU

JUDGEMENT

(1.) These two appeals arise out of a judgment and order dated January 17, 1986 rendered by learned Sessions Judge, Bhilwara in Sessions Case No. 28 of 1985 by which the appellants of Criminal Appeal No. 45 of 1986, who are original accused No. 1 Goru and original accused No. 3 Hajari (A/1 & A/3 for short) of Criminal Appeal No. 45 of 1986 came to be convicted of the offences under Sections 325 read with Section 34 of the Indian Penal Code (IPC for short) and A-1 Goru Ram has been sentenced to rigorous imprisonment for three years and fine of Rs. 2,000/- and in default of payment of fine, rigorous imprisonment for three months whereas A-3 Hajari, instead of sentencing at once was accorded benefit of the Probation of Offenders Act as he was less than 21 years of age at the time of commission of offence. Rest of the two accused A-2 Jagdish and A-4 Ramkishan alongwith above two accused namely, A-1 Goru Ram and A-3 Hajari who are respondents in Criminal Appeal No. 185 of 1986 were acquitted under Sec. 302 IPC.

(2.) Criminal Appeal No. 185 of 1986 is filed by the State under the provisions of Section 378 (3) of the Code of Criminal Procedure ( the Code for short) challenging the acquittal of the accused of A-l to A-4 i.e. Goru, Jagdish, Hajari and Ramkishan of the offence under Section 302 of the IPC as according to the State, offence against all the accused has been duly proved whereas Criminal Appeal No. 45 of 1986 is filed by the accused A-1 Goru and A-3 Hajari under Section 374(2) of the Code challenging the order of conviction of the offence under Section 325/34 of the IPC.

(3.) Since both these appeals arise out of the same judgment and order, they are heard together and are being disposed of by common judgment.