JAIPAL Vs. STATE

JUDGEMENT

(1.) These two Appeals preferred by the Appellants Jaipal and Rajender arise out of a judgment dated 22.07.1997 and order on sentence dated 23.07.1997 passed by the learned Additional Sessions Judge (ASJ) in Session Case No.86/1996 whereby the Appellants were held guilty and convicted for the offence punishable under Section 302,201 and 384 IPC read with Section 34 IPC. The Appellants were sentenced to undergo rigorous imprisonment (RI) for life and to pay a fine of '1000/- each and in default of payment of fine to undergo RI for one month each for the offence punishable under Section 302/34 IPC. The Appellants were sentenced to undergo RI for 5 years each and to pay fine of '500/- each and in default of payment of fine to further undergo RI for 15 days for the offence punishable under Section 201/34 IPC. The Appellants were further sentenced to undergo RI for 2 years and to pay a fine of '250/- each and in default of payment of fine to further undergo RI for 15 days each for the offence punishable under Section 384/34 IPC. The sentences were to run concurrently. By this very judgment co-accused Om Prakash was acquitted giving him benefit of doubt.

(2.) Feeling aggrieved, the Appellants have challenged the judgment and order of conviction and sentence.

(3.) The Appellant Rajender was complainant Tota Ram's brother-in-law; The Appellant Jai Pal was his friend. The co-accused Om Prakash (already acquitted) was also Tota Ram's brother-in-law. The Appellant Rajender took Rajesh (son of Tota Ram the complainant) for a ride on his bicycle. Rajesh did not return home till 9:00 P.M. Worried by this, the complainant went to Rajender to inquire about Rajesh. Rajender informed Tota Ram that he had left Rajesh at Khadewali Masjid, Gautam Vihar after handing him a one rupee note.