- (1.) The present appellant, along with co-accused Man Mohan and Netram, was tried by the court of Additional Sessions Judge (Fast Track) No.2, Jaipur City. The said court, vide judgment dated 1.5.2009, convicted the appellant for offence under Sections 302/34, 364/34, 394/34 and 201/34 IPC and vide separate order dated 2.5.2009, he was sentenced as under:- U/S.302/34 IPC - life imprisonment and pay a fine of Rs.20,000/- each in default thereof, to undergo simple imprisonment for one year. U/s.364/34 IPC 10 years rigorous imprisonment and pay a fine of Rs.10,000/- each in default thereof, to undergo simple imprisonment for six months. U/s.394/34 IPC 10 years rigorous imprisonment and pay a fine of Rs.10,000/- each in default thereof, to undergo simple imprisonment for six months. U/s.201/34 IPC - 5 years simple imprisonment and pay a fine of Rs.1000/- each in default thereof, to undergo simple imprisonment for two months.
(2.) Two of the co-accused of the appellant, namely Man Mohan and Netram, were convicted by the court of Additional Sessions Judge (Fast Track) No.2, Jaipur City vide judgment dated 28.9.2007 for offences punishable under Sections 302/34, 364/34, 394/34 and 201/34 IPC and were sentenced as under:- U/S.302/34 IPC - life imprisonment and pay a fine of Rs.20000/- each in default thereof, to undergo simple imprisonment for one year. U/s.364/34 IPC 10 years rigorous imprisonment and pay a fine of Rs.10,000/- each in default thereof, to undergo simple imprisonment for six months. U/s.394/34 IPC 10 years rigorous imprisonment and pay a fine of Rs.10,000/- each in default thereof, to undergo simple imprisonment for six months. U/s.201/34 IPC - 5 years simple imprisonment and pay a fine of Rs.1000/- each in default thereof, to undergo simple imprisonment for two months.
(3.) The appellant, during the course of trial, had deserted the trial and was declared proclaimed offender. Therefore, the trial proceeded against the co-accused, Man Mohan and Netram, and as stated earlier, they were convicted by the Additional Sessions Judge (Fast Track) No.2, Jaipur City vide judgment dated 28.9.2007. They had preferred two separate appeals. D.B. Criminal Appeal No.1742/2007 was preferred by Man Mohan, and D.B. Criminal Appeal No.1861/2007 was instituted by Netram.;