MURARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These three appeals arise out of two judgments of the Special Judge (Dacoity Affected Area) and Additional Sessions Judge, Dholpur in Sessions Case No. 8 of 1996 arising from one and same F.I.R. The charge - sheet in this case for the offence punishable under Sec. 395/396 Penal Code was submitted by the police after investigation against these three appellants, but subsequently the accused appellant Murari had absconded and the trial against the two accused appellants in Criminal Appeals No. 396 of 1998 and 550 of 1998 continued. They have been convicted under the judgment and order dated 24th of April, 1998 for the offence punishable under Sections 395 and 396 Penal Code and sentenced to undergo life imprisonment and a fine of Rs. five thousand each, in default of payment of fine to further undergo two years, rigorous imprisonment.

(2.) After this decision, the accused appellant in D.B. Criminal Appeal No. 834 of 2001 jointed the trial and the learned trial court under its judgment and order dated 8th of Oct., 2001 convicted and sentenced to him for the offence under Sections 395 and 396 Penal Code and ordered to undergo imprisonment for life and a fine of Rs. five thousand, in default of payment of fine to further undergo two years, rigorous imprisonment. Thus these appeals are taken up for hearing together.

(3.) From the record we find that in the matter the evidence upto PW-4 is common. Statements of the witnesses from PW-5 to PW-12 were recorded during the period when other accused Murari was absconding. On his surrender the statements were recorded of witnesses from PW-5 to PW-20.