BADRI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment by the Rajasthan High Court affirming the conviction of the accused under S. 302, Indian Penal Code. The accused was sentenced to imprisonment for life.

(2.) The prosecution case is as follows:-

(3.) The prosecution produced Patram, the solitary eye-witness of the incident. Another witness, Lachhiram (PW 5) was also examined to prove that he saw the accused armed with a gun running towards 10 Chak at about sunset five months back. He was examined in the court on November 6, 1970. The trial court accepted the evidence of Patram. The trial court also relied upon the corroborating evidence of Lachhiram even though his name was not mentioned in the first information report. We may note, however, that the trial court observed that Patram "falsely introduced the second gun-fire report" and "had definitely wrongly given this range of fire" (namely 27 1/2 feet). The trial court further held as follows:-