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SANDEEP MEHTA, KULDEEP MATHUR
State of Rajasthan – Appellant
Versus
Bhagwan Singh S/o Shri Ganpat Singh – Respondent
JUDGMENT :
MEHTA, J.
1. These two appeals arise out of the judgment dated 02.04.1992 rendered by the learned Additional Sessions Judge, Nagaur in Sessions Case No.2/1990, whereby the learned trial court acquitted the accused-respondents from the charges under Section 302 and in the alternative 302/34 IPC and instead convicted them for the offence under Section 323 and 325 IPC and sentenced them as below :
| Offence for which convicted | Sentence awarded |
| Section 323 IPC | Six months’ rigorous imprisonment along with a fine of Rs. 500/- and in default of payment of fine, further to undergo one month’s simple imprisonment |
| Section 325 IPC | Two years’ rigorous imprisonment alongwith a fine of Rs.1,000/-and in default of payment of fine, further to undergo two months’ simple imprisonment |
2. The State of Rajasthan has preferred D.B. Criminal Appeal No.294/1992 for assailing the acquittal of the accused from the charges under Section 302 and 302/34 IPC, whereas the accused have filed the appeal under Section 374(2) CrPC for assailing their conviction and sent
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