ATUL KUMAR JAIN, J. - (1.) THESE appeals have been filed against the judgment dated 23.2.2005 which was passed by the Additional Sessions Judge(Fast Track), Chittorgarh in Sessions Case No. 54/2004 titled as State of Rajasthan vs. Deepak and ors. The matter relates to FIR No. 83/2004 of Police Station, Kapasan, District Chittorgarh under Section 302 IPC etc.
(2.) IN the said case, out of three accused, one accused Lehru was acquitted by the trial court from the charge of Sections 302/120 -B, 302/34 and 201 IPC. D.B. Criminal Appeal No. 233/2006 has been filed by the State of Rajasthan against the acquittal of accused Lehru. By the impugned judgment dated 23.2.2005, other two accused persons Deepak and Bheru Lal were convicted and sentenced by the trial court as follows: - Deepak and Bheru Lal: (1) Sec. 302 IPC Life imprisonment with a fine of Rs.5000/ - and, in default of payment of fine, six months' additional rigorous imprisonment (2) Sec. 302/120 -B IPC Life imprisonment with a fine of Rs.5000/ - and, in default of payment of fine, six months' additional rigorous imprisonment. (3) Sec. 201 IPC Five years' rigorous imprisonment with a fine of Rs.3,000/ - and, in default of payment of fine, six months' additional rigorous imprisonment.
(3.) ALL the substantive sentences of each of the accusedappellants were ordered to run concurrently. 4. D.B.Criminal Appeal No.321/2005 has been filed by accused -appellant Deepak against the said judgment and D.B.Cr.Jail Appeal No. 707/2005 has been filed by accusedappellant Bheru Lal from Jail against the said judgment. Mr. Vineet Jain was appointed as Amicus Curiae on 22.7.2005 to assist the court. Since all these appeals are against one judgment of the trial court,so all these three appeals are being decided by this common judgment by this Court.;