2009 (8 ) SCR 303
MOTILAL AND ANR.
v.
STATE OF RAJASTHAN
(Criminal Appeal No. 117 of 2003)
MAY 05, 2009
[DR. ARIJIT PASAYAT AND ASOK KUMAR GANGULY, JJ.]
The Judgment of the Court was delivered by
DR. ARIJIT PASAYAT, J. 1. Challenge in this appeal is to the
judgment of a Division Bench of the Rajasthan High Court, Jaipur
Bench holding the appellant guilty of offence punishable under
Section 302 read with Section 34 of the Indian Penal Code, 1860
( in short 'IPC'). Eight persons faced trial for allegedly committing
murder of one Gyan Chand (hereinafter referred to as the
'deceased') on 11.11.1993 which happened to be on the election
day for the one Assembly election constituency. One of the
accused persons was acquitted by the trial court and seven
persons were convicted in terms of Section 302 read with Sections
149 and 148 of the Indian Penal Code, 1860 ( in short 'IPC'). They
were also convicted of some minor offences. During the pendency
of the appeal before the High Court, one of the accused-appellants
died. By the impugned judgment three of the appellants before the
High Court were acquitted. Two persons were convicted in terms
In view of judgment passed in Crl. Appeal No. 117/2003 this
appeal deserves to be dismissed which we direct.
Criminal Appeal No. 120 of 2003.
Versus
ORDER
In view of judgment passed in Crl. Appeal No. 117/2003 this
appeal deserves to be dismissed which we direct.