JUDGMENT :

(Sandeep Mehta, J.)

1. This judgment shall decide the appeal No.18/1992 preferred by the State of Rajasthan and Appeal No.206/1991 preferred by the accused for assailing the judgment dated 26.09.1991 passed by learned Sessions Judge, Pali in Sessions Case No.21/89 whereby, the accused persons were acquitted from the charges under Section 302 read with Section 34 of the IPC and while toning down the offence to one under Section 304 Part-II read with Section 34 of the IPC, both were sentenced to five years’ RI and fine of Rs.500, in default of payment of fine, to further undergo six months’ additional imprisonment. The trial court also acquitted the accused persons from the charges punishable under Sections 323 IPC in the alternative 323/34 IPC, 341 in the alternative 341/34 IPC and Section 24 of the Cattle Trespass Act. While the State of Rajasthan has approached this Court through appeal No.18/1992 for assailing acquittal of the accused from the charges referred to supra, the accused have filed appeal No.206/1991 for assailing their conviction and order of sentence for the offence punishable under Section 304 Part II IPC.

2. Brief facts relevant and essential for disposa