STATE OF RAJASTHAN Vs. RAMU RAM & ANR.

JUDGEMENT

(1.) These are the two appeals arising out of the judgment of the learned Sessions Judge, Merta dated 30.7.84, whereby he acquitted accused appellant Ramu Ram of the offence u/s.302 IPC and accused Chothu Ram u/s.302 read with 34 IPC but convicted accused Ramu Ram of the offence u/s.326 IPC and sentenced him to undergo 7 years' R.I. with a fine of Rs.1000/- & in default, to further undergo three months' R.I. and Chothu Ram of the offence u/s.323 IPC and sentenced him to undergo six months' R.I. with a fine of Rs.500/- and in default, to further undergo one month's R.I. Both the accused were also convicted of the offence u/s.447 IPC and sentenced to undergo one month's imprisonment and in default, to further undergo 15 days' imprisonment. Both the substantive sentences were ordered to run concurrently.

(2.) The State has filed this appeal against the judgment of acquittal of the accused u/s.302 IPC, whereas accused Chothu Ram has not filed any appeal but accused Ramu Ram has filed the appeal through Jail against his conviction u/ss.326 & 447 IPC. Accused Chothu Ram has remained in custody for more than six months during trial i.e. from 5.5.83 to 1.12.83 and thereafter he remained in custody in pursuance to the warrant issued by this Court for his non-appearance in appeal against acquittal filed by the State for the period from 9.3.86 to 12.12.86, as appears from the record of D.B.Cr.Appeal No.95/85 filed by the State against acquittal. It seems that on account of remaining in custody for more than 15 months, respondent Chothu Ram has not filed any appeal challenging his conviction u/ss.323 & 447 IPC and sentence of six months and one month respectively. Now, there are two appeals against the impugned judgment of the learned Sessions Judge, Merta, one filed by the State against acquittal of the accused and another being D.B.Cr.Jail Appeal No.292/84 filed by accused Ramu Ram alone.

(3.) Both these appeals are against the same impugned judgment, therefore, they are being disposed-of by this common judgment.