BACCHANDAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant-Bacchandan was tried by the learned Sessions Judge at Jodhpur for offences of murder, house trespass for the purpose of committing an offence punishable with death and for having in his possession a 22 Bore pistol with live cartridges without any valid licence, with the intention to use it for causing the murder of Shankerlal Kalani by his Judgment dated 22. 11. 1976. The trial Judge convicted the appellant under sections 302, 449 I. P. C. and sections 25 and 27 of the Arms Act and sentenced him to imprisonment for life and to rigorous imprisonment for 7 years on the first and second counts respectively and to suffers rigorous imprisonment for 2 years on third and fourth counts each. The sentences on each count were, however, ordered to run concurrently.

(2.) There is an appeal by Bacchandan appellant against his convictions and sentences. The state also has preferred an appeal under section 377 Cr. P. C. for seeking enhancement of sentence of life imprisonment to death on the ground that in the circumstances of the case the sentence awarded to the appellant under section 302 I. P. C. by the trial Judge is grossly inadequate.

(3.) The prosecution case is quite simple. It may be briefly stated as follows:-