Mr. Vijay Kumar Vyas, J. - (1.) The appeal has arisen out of judgment dated 4th August, 1993 passed by Additional District & Sessions Judge, Neem-ka-thana in sessions case No.14/1991, whereby while acquitting the appellants from the charges u/s 498-A, 306 and 304-B IPC, convicted them under Section 201 IPC. By the same judgment, for offence u/s 201 IPC, appellant No.2 Mst. Mishri and appellant No.3 Phooli were granted benefit of probation, whereas appellant No.1 Sharwan kumar was ordered to undergo one years simple imprisonment and fine of Rs.100/-: in default whereof, further undergo 15 days simple imprisonment.
(2.) Very short question has been raised in the instant appeal whether in absence of conviction of the accused for other offences charged with, the accused can be convicted for offence punishable under Section 201 IPC.
(3.) Learned counsel for appellants has taken me through Section 201 IPC and submitted that without conviction of the appellants under Sections 304-B, 498-A and 306 IPC, they cannot be convicted under Section 201 IPC. In support, he referred Suleman Rahiman Mulani and Anr. v. State of Maharashtra, AIR 1968 SC 892 and Ghusabhai Raisangbhai Chorasiya and Ors. v. State of Gujarat, AIR 2015 SC 2670.;