NISHA GUPTA, J. - (1.) AS all the three cases assail the same judgment passed by the trial court, they are being decided by this Court by this common judgment.
(2.) D .B. Criminal Appeal No.683/2004 has been preferred against the judgment dated 28/05/2004 passed by the court of Additional Sessions Judge (Fast Track) No.1, Jaipur in Sessions Case No.102/2001 (State Vs. Shankar and Ors.) whereby, the accused -appellants have been convicted and sentenced, as under: - (1) Appellant No.1 -Phaili Ram: - for offence u/S.302 IPC: - Life Imprisonment with a fine of Rs.500/ - and in default of payment thereof, to further undergo one month rigorous imprisonment. for offence u/S.323/34 IPC: - Rigorous Imprisonment for six months with a fine of Rs.100/ - and in default of payment thereof, to further undergo one month rigorous imprisonment. (2) Appellant No.2 -Ram Lal: - for offence u/S.302/34 IPC: - Life Imprisonment with a fine of Rs.500/ - and in default of payment thereof, to further undergo one month rigorous imprisonment. for offence u/S.323/34 IPC: - Rigorous Imprisonment for one month with a fine of Rs.100/ - and in default of payment thereof, to further undergo one month rigorous imprisonment. (3) Appellant No.3 -Suresh: - for offence u/S.302/34 IPC: - Life Imprisonment with a fine of Rs.500/ - and in default of payment thereof, to further undergo one month rigorous imprisonment. for offence u/S.323/34 IPC: - Rigorous Imprisonment for one month with a fine of Rs.100/ - and in default of payment thereof, to further undergo one month rigorous imprisonment.
(3.) THE complainant -Shiv Lal Meena has filed revision petition being D.B. Criminal Revision Petition No.624/2004 against the judgment dated 28/05/2004 passed by the court of Additional Sessions Judge (Fast Track) No.1, Jaipur in Sessions Case No.102/2001 (State Vs. Shankar and Ors.) whereby, accused -respondents No.2 to 6 Shankar, Smt.Babudi, Shravan Lal, Smt.Kailashi and Smt.Birdi have been acquitted from the charge for offence u/Ss.148, 323, 323/34, 302 and 302/34 IPC. The State also filed leave to appeal, which was partly granted and resultantly, State filed appeal against acquittal being D.B. Criminal Appeal No.56/2005 against the judgment dated 28/05/2004 passed by the court of Additional Sessions Judge (Fast Track) No.1, Jaipur in Sessions Case No.102/2001 (State Vs. Shankar and Ors.) whereby, accused -respondents No.1 to 5 i.e. Shankar, Smt.Babudi, Shravan Lal, Smt.Kailashi and Smt.Birdi have been acquitted from the charges leveled against them for offence u/Ss.148, 323, 323/34, 302 and 302/34 IPC but vide order dated 18/01/2004 passed by the coordinate bench, leave to appeal was only granted qua accused -respondent No.1 -Shankar.;