LAWS(SC)-2011-6-11

BHINVA RAM Vs. STATE OF RAJASTHAN

Decided On June 08, 2011
BHINVA RAM Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) The Appeal is dismissed in terms of the signed order.

(2.) None appeared for the State of Rajasthan. Heard learned Counsel for the Appellant-accused. Accused Bhinva Ram son of Dasu Ram was charged for an offence punishable under Sections 302, 323 and 325 Indian Penal Code. Upon trial, vide its judgment dated 06th September, 2001, the trial Court convicted the accused of all the offences and awarded him sentence for life imprisonment under Section 302, one year simple imprisonment under Section 323 Indian Penal Code and three years rigorous imprisonment under Section 325 Indian Penal Code. All the sentences were directed to run concurrently. It was further directed to pay a fine of Rs. 1000/- under Section 302, in default, to further undergo one year rigorous imprisonment, Rs. 400/- under Section 323 Indian Penal Code, in default, to further undergo one month simple imprisonment and Rs. 1000/-under Section 325 Indian Penal Code, in default to further undergo six months rigorous imprisonment.

(3.) Correctness of this judgment was questioned by the accused before the High Court, which vide its judgment dated 11th August, 2004 upheld the findings recorded of guilt as well as award of sentence by the trial Court. This has resulted in filing of the present appeal through jail. Learned Counsel appearing for the Appellant has, primarily, contended/raised the following submissions: