- (1.) SINCE the controversy involved in all the three matters such as criminal appeal, criminal revision and leave to appeal, arise out of the same FIR number and same judgment, hence, all the above three matters are being decided by this common judgment.
(2.) BY filing instant criminal appeal under Section 374, Cr. P. C. , the accused appellants have challenged the judgment of conviction and sentence dated 18-1-2002 passed by learned Additional District and Sessions Judge (Fast Track) Kota (learned 'trial Court')in Sessions Case No. 45/2001, whereby it convicted as under : Accused appellant No. 1 Banwari Lal : 307, IPC : 10 Years Simple Imprisonment and a fine of Rs. 2,000/ -. In default of payment of fine, each accused appellants shall further undergo two months' simple imprisonment. 326, IPC : ten Years Rigorous Imprisonment and a fine of Rs. 500/ -. In default of payment of fine, each accused appellants shall further undergo 15 days' simple imprisonment. 324, IPC : rigorous Imprisonment for one and a half year. 323, IPC : rigorous Imprisonment for five months. ACCUSED APPELLANTS Nos. 2 and 3 BHAWANI SHANKER BRIJESH KUMAR : 307/34, IPC : 10 Years Simple Imprisonment and a fine of Rs. 2,000/ -. In default of payment of fine, each accused appellants shall further undergo two months' simple imprisonment. 326/34, IPC : ten Years Rigorous Imprisonment and a fine of Rs. 500/ -. In default of payment of fine, each accused appellants shall further undergo 15 days' simple imprisonment. 324/34, IPC : rigorous Imprisonment for one and a half years. 323/34, IPC : rigorous Imprisonment for five months. All sentences were ordered to run concurrently.
(3.) BY filing criminal revision under S. 397 read with Section 401, Cr. P. C. the complainant petitioner Mr. Suresh Kumar Nagar, prayed for quashing and setting aside the judgment dated 18-1-2002 passed by the learned District and Sessions Judge No. 1 (Fast Track) in Sessions Case No. 45/2001, whereby accused respondents namely; mangi Lal, Satyanarain and Ram Swaroop s/o Ram Karan have been acquitted from the offence under Sections 307/34, 326/34, 324/34 and 323, IPC as also they may be held guilty and be punished suitably for the aforesaid offences. It is pertinent to mention here that by typographical error, the name of accused appellant Brijesh Kumar has been mentioned and instead of name of brijesh Kumar, name of Ramswaroop should have been mentioned, as is clear from the judgment passed by the learned trial Court.;