- (1.) The instant appeal is directed against the judgment dated 31/03/1989 passed by Additional District and Sessions Judge, Rai Singh Nagar, District Sri Ganganagar in Sessions Case No.77/1987 by which the accused-appellants have been convicted under Section 302/34 of IPC with life imprisonment but no fine has been imposed.
(2.) The contents of F.I.R. No.36/87 (Ex.D.5) does not discloses name of any accused person and has been lodged against unknown, which reads as under:- ...[VERNACULAR TAXT OMITTED]...
(3.) The case was committed to learned trial Court, which after framing charges, conducted the trial. The prosecution produced ten witnesses and after examination of the accused persons under Section 313 of Cr.P.C., defence also produced two witnesses and twenty one exhibits were marked by the prosecution, the defence also got five exhibits marked in its defence and the trial Court concluded the trial with aforesaid verdict by convicting all the accused persons under Section 302/34 of IPC, ignoring the mandate of imposing fine, a requisite under Section 302 of IPC.;