Rajendra Saxena, J. - (1.) Appellants, Manish Dixit and Sharad Dnakar alongwith co- accused Sanjay Sharma, Rahul Sharma and Shrwan Kumar were placed on trial before the Special Judge, SC/ST (Prevention of Atrocities cases) Jaipur, who by his impugned judgment dated 18.9.95 convicted appellants Manish Dixit and Sharad Dhakar for offences under Sections 302/34, 364/34, read with Section 120-B IPC and sentenced each one of them to life imprisonment with a fine of Rs. 1,000/-, and in default of payment of fine, to further undergo Rl for 6 months on each count. Appellant Manish Dixit was also found guilty for offence under Section 7/25 (1)(a) of the Arms Act and was sentenced to R1 for seven years with a fine of Rs. 1,000/- in default of payment of fine to further undergo Rl for six months. The learned trial Judge also directed that all the learned trial Judge also directed that all the substantive sentences imposed upon the accused appellants shall run concurrently. He, however, acquitted accused persons Sanjay Sharma, Rahul Sharma and Shrawan Kumar.
(2.) Appellants have filed Cr. Appeal Nos. 501/95 and 502/95 challenging their convictions and sentences while the State of Rajasthan has filed Cr. Appeal No. 514/97 (9/96) against acquittal of the accused appellants for offences under Section 302, 364, 397 IPC and Sections 27 and 28 of the Arms Act and the acquittal of co-accused persons for various offences, for which they were charged. However, this Court by its order dated 6.11.97 granted leave to appeal against acquittal of the accused appellants only and refused the leave to appeal against acquittal of co- accused persons.
(3.) The learned trial Judge by his impugned judgment also passed strictures against petitioner Devendra Sharma Tehsildar. Who had conducted test identification parade in respect of ornaments alleged to have been recovered at the instance of the accused appellants, against which the petitioner Devendra Sharma has filed Cr. Misc. Petition No. 856/95 under Section 482, Cr.PC. for expunction of those adverse remarks/strictures.;