Hon'ble KOTHARI, J.—D.B. Criminal Appeal No. 102/2005, Vijendra alias Gorkha and Sumer alias Dholia vs. State of Rajasthan has been filed by the appellants under Section 374 Cr.P.C. challenging their conviction and sentence in Sessions Case No. 23/2002, State vs. Vijendra alias Gorkha & others under Section 302, 302/34, 323, 323/34 IPC by the learned Additional Sessions Judge Khetri dated 9.12.2004 by which both the appellants have been convicted and sentenced as below:-

Appellant : Vijendra alias Gorkha

1. Under Section 302 IPC:

Life imprisonment and fine of Rs. 1000/-. In default of payment six months simple imprisonment.

2. Under Section 323 read with 34 IPC:

Six months simple imprisonment.

Appellant: Sumer Singh alias Dholia

1. Under Section 302 read with 34 IPC.

Life imprisonment and fine of Rs. 1000/- in default of payment six months simple imprisonment.

2. Under Section 323 read with 34 IPC:

Six months simple imprisonment.

All the sentences were ordered to run concurrently.

D.B. Criminal Appeal No. 349/2005, State of Rajasthan vs. Surendra Singh & another has been filed on behalf of the State under Section 378(1) and (3) Cr.P.C. challenging the acquittal of Surendra Singh alias Kaliya

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