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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ANOOP KUMAR DHAND
Rukemani – Appellant
Versus
State – Respondent
ORDER :
ANOOP KUMAR DHAND, J.
1. By way of filing of this appeal, the validity of the impugned judgment dated 07.08.1991 passed by the Additional Sessions Judge, Neemkathana (hereinafter referred to as “the Trial Court”) in Sessions Case No.01/1989 has been questioned by which the Trial Court has convicted the appellants for the offence under Section 304 Part II read with Section 149 IPC and sentenced them to undergo seven years rigorous imprisonment with a fine of Rs.500/- each and in default of payment of fine to further undergo one and a half years additional rigorous imprisonment. They have been also convicted under Section 148 IPC and were sentenced to undergo six months rigorous imprisonment with a fine of Rs.100/-each and in default of payment of fine to further undergo simple imprisonment for 45 days.
2. The brief facts of the case are that an FIR was registered against the appellants under Section 307 IPC wherein allegations were levelled against them that they have beaten the injured Chhoti Devi on 07.05.1988. During the course of investigation, the injured Chhoti Devi expired on 16.05.1988, hence, offences under Section 307 IPC were converted to Section 302 IPC.
3. After com
The court upheld the conviction under Section 304 Part II IPC but reduced the sentence to the time already served, considering the lengthy trial and circumstances of the case.
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