STATE OF HIMACHAL PRADESH Vs. NITU SINGH

JUDGEMENT

(1.) The above noted two appeals arising out of the judgment dated 22.9.1998 of the learned Sessions Judge, Bilaspur in Sessions Trial No. 1 of 1997/96 are being disposed of by this common judgment.

(2.) The Appellants, Naresh Kumar and Subhash Chand, in Criminal Appeal No. 335 of 1998, and Respondent Smt. Nitu Singh in Criminal Appeal No. 439 of 1998, hereinafter referred to as the accused, were tried for the offences under Sections 341 and 302 read with Section 34, Indian Penal Code, in case F.I.R. No. 237/96 of Police Station Sadar Bilaspur. All the three accused have been acquitted of the offence under Section 341 read with Section 34, Indian Penal Code. Accused Smt. Nitu Singh has also been acquitted of the offence under Section 302 read with Section 34, Indian Penal Code. Accused Naresh Kumar and Subash Chand were, however, convicted for the offence under Section 302 read with Section 34, Indian Penal Code. Each one of them upon such conviction has been sentenced to rigorous imprisonment for life and to pay a fine of Rs. 5,000/-. In default of payment of fine, each of the two accused Naresh Kumar and Subhash Chand, has been sentenced to undergo simple imprisonment for a further period of one year.

(3.) Criminal Appeal No. 335 of 1998 has been preferred by the accused Naresh Kumar and Subhash Chand assailing the conviction and sentence as imposed upon them by the learned Sessions Judge, while Criminal Appeal No. 439 of 1998 has been preferred by the State of Himachal Pradesh assailing the acquittal of the accused Smt. Nitu Singh of the offence under Section 302 read with Section 34, Indian Penal Code.