JUDGMENT

1. This criminal appeal under Section 374 Cr.P.C. has been preferred claiming the following reliefs:

"It is, therefore, prayed that the appeal may kindly be allowed and the judgment and conviction passed by the court below dated 25.11.93 be set aside and the appellant be acquitted from all charges. In alternative it is also prayed that if any offence is proved under Sec. 325 I.P.C. the appellant may kindly be released on probation."

2. The matter pertains to an incident which occurred in the year 1992 and the present appeal has been pending since the year 1994.

3. Learned counsel for the appellant submits that this Criminal Appeal has been preferred against the impugned judgment dated 25.11.1993 passed by the learned Additional Sessions Judge No.2, Chittorgarh in Sessions Case 142/93 whereby the appellant was convicted for the offences under Section 304 (II) IPC and sentenced to undergo 4 years R.I. and a fine of Rs. 500/- default of payment of which he was ordered to further undergo 6 months’ S.I.

4. Learned counsel for the appellant further submits that the sentence so awarded to the appellant was however suspended by this Hon’ble Court, vide order dated 18.03.1994 passed in