- (1.) The appellants have assailed impugned judgment passed by District and Sessions Judge, Jaisalmer dated 29/07/2008 in Sessions Case No.40/2006, by which accused-appellants have been convicted and sentenced under Section 302/34 IPC for life imprisonment with a fine of Rs.500/- failing which to undergo one month's simple imprisonment and have further been convicted under Section 392/34 for five years rigorous imprisonment with a fine of Rs.500/- failing which to undergo one month's simple imprisonment.
(2.) The contents of F.I.R, which has been lodged by Brij Vallabh on 12/05/2006 at Police Station Nachana, Jaisalmer briefly narrates:- ...[VERNACULAR TEXT OMITTED]... The same was registered under Section 302/34 I.P.C. at Police Station Nachana.
(3.) Subsequent to the investigation, charge sheet was filed against both the accused-persons and they were tried under Section 302/34 and 392/34 and have been convicted and sentenced for the said offence as enumerated earlier, prior to challan, one of the accused Raju committed suicide at Korba, so proceeding did not commence against him.;