KRISHNA KANWAR ALIAS THAKURAEEN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Originally three appeals were filed against the common judgment of the Rajasthan High Court, Jodhpur, whereby three appeals were disposed of. During the pendency of Criminal Appeal No. 51/2003, the appellant Shamshuddin died and by order dated 20-1-2004 the appeal has been dismissed having abated. The consideration, therefore, is restricted to other two appeals i.e. Criminal Appeal Nos. 52/2003 and 53/2003.

(2.) Of the two appeals one has been filed by convict-accused Smt. Krishna Kanwar i.e. Crl. Appeal No. 53 of 2003 and the other appeal has been filed by the State of Rajasthan (Crl. Appeal No. 52 of 2003) questioning the acquittal of accused Mangi Lal and Nathu Singh, as directed by the trial Court and upheld by the High Court. Initially, seven persons were treated to be accused persons. Four of them, namely, Shamshuddin, Smt. Krishan Kanwar, Mandi Lal and Nathu Singh were tried by District and Sessions Judge, Pratapgarh, who found accused Shamshuddin and Smt. Krishna Kanwar guilty of offences punishable under Sections 8 and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the Act') and sentenced each to undergo rigorous imprisonment for 14 years and to pay a fine of Rs. 2 lakh with default stipulation. Nathu Singh and Mangi Lal (A-6 and A-7) respectively, were acquitted.

(3.) Prosecution case as unfolded during trial is as follows :