Shiv Kumar Sharma, J. - (1.) Since both the appeals relate to FIR No 117/1982 registered at Police Station Fatehpur on August 15, 1982, they were heard analogously and are being disposed of by a common judgment.
(2.) Accused Phooley Khan, Mohiuddin. Shsukat Mustaq and llliyas were charge sheeted by the Police Station Fatehpur for committing offence of murder of deceased Asat Ali. During trial accused llliyas absconded but accused Phooley Khan, Mohiuddin, Shaukat and Mushtaq were convicted vide judgment dated August 11, 1993 of the Sessions Judge Sikar in Sessions Case No. 35/1983 under Section 302/149, 323 and 147 IPC and each of them was sentenced as under- Under Section 302 IPC, to undergo imprisonment for life and to pay fine of Rs.2000/- in default to further undergo six months rigorous imprisonment. Under Section 323 IPC, to undergo six months rigorous imprisonment and to pay fine of Rs. 500/- in default to further undergo one month rigorous imprisonment. Under Section 147 IPC, to undergo one year rigorous imprisonment and to pay fine of Rs. 1000/- in default to further undergo three months rigorous imprisonment. All the sentences were to run concurrently.
(3.) Accused llliyas after his arrest was tried by the Sessions Judge Jhunjhunu in Sessions Case No. 19/1984. Vide judgment dated April 19, 1986 Sessions Judge Jhunjhunu acquitted him for the charges under Sections 147, 302/149 and 323 IPC. The State of Rajasthan preferred D B. Criminal Appeal No. 372/1986 against the said judgment.;