State of Rajasthan : Rajendra v. Dei Dan : Dei Dan
1996-05-28
N.L.TIBREWAL, SHIV KUMAR SHARMA
body1996
DigiLaw.ai
JUDGMENT 1. - The respondents Deidan, Girdharilal, Raghuvir Singh, Karan Singh and Smt. Rizkor were the accused in sessions case No. 37/1993 on the file of the sessions Judge, Jhunjhunu. They were found guilty and convicted as under : (i) Accused Raghuveer Singh-U/s. 326 IPC3 years RI and fine of Rs: 1000/- (in default to further undergo 3 months RI) Under section 447 IPC 3 months RI. (ii) Accused Dei Dan, Girdhari and Smt. Riz Kaur-U/s. 447/323 IPC sentenced already undergone. All the sentences were to run concurrently. 2. Aggrieved by the conviction and sentence the accused persons, Samandra Singh, Raghuveer Singh, Dei Dan, Girdhari and Smt. Rizkaur preferred D.B. Cr. Appeal No. 485 of 1994. The arguments in D.B. Cr. Appeal No. 485 of 1994 and in D.B. Cr. Appeal No. 43 of 1995, filed by the State and D.B. Cr. Revision Petition No. 371 of 1994 filed by complainant were heard together. The judgment in D.B. Cr. Appeal No. 485 of 1994 was pronounced on May 27, 1996. The operative portion of the judgment reads as under : "Accordingly we allow this appeal in part. Conviction and sentence of the appellant Samandra Singh Under section 447 and 302 of the Indian Penal Code are set aside. The appellant Samandra Singh is convicted Under section 304 part II [PC: and sentenced to suffer RI for five years and to pay a fine of Rs. 10,000/- in the event of default of payment of fine the appellant shall further undergo RI for one year. If the amount of fine is recovered it shall be paid to the legal heirs of the deceased. The conviction and sentence passed Under section 447 IPC against accused appellants Raghuveer Singh, Girdhari Lal, Dei Dan, Karan Singh and Smt. Riz Kaur are set aside and the conviction and sentenced passed by the trial Court Under section 326 IPC against accused appellant Raghuveer Singh and under Section 323 IPC against Die Dan, Girdhari and Smt. Riz Kaur, are maintained." The copy of the judgment passed in D.B. Cr. Appeal No. 485 of 1994 may he placed on the record of this case. The reasons mentioned in the judgment dated May 27, 1996 mutatis mutandis shall also apply in these cases. For the reasons mentioned in the judgment dated May 27, 1996, passed in D.B. Cr. Appeal No. 485 of 1994, the D.B. Cr.
Appeal No. 485 of 1994 may he placed on the record of this case. The reasons mentioned in the judgment dated May 27, 1996 mutatis mutandis shall also apply in these cases. For the reasons mentioned in the judgment dated May 27, 1996, passed in D.B. Cr. Appeal No. 485 of 1994, the D.B. Cr. Appeal No. 43 of 1995 and D.B. Cr. Revision No. 371 of 1994 shall stand disposed of.Appeal and Revision disposed of as directed above. *******