SURESH AND ORS. Vs. THE STATE

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned Government Pleader.

(2.) The present appeal is by the accused who are three in number who have been convicted for offences punishable under Sections 304 (II), 504, 506, and 324 read with Section 34 of the Indian Penal Code, 1860, to rigorous imprisonment for a period of three years and a fine of Rs. 2,000/- to each of the accused for the offence punishable under Section 304 (II) read with Section 34 of Indian Penal Code, simple imprisonment for a period of three months and fine of Rs. 500/- for the offence punishable under Section 324 read with Section 34 of Indian Penal Code, apart from other punishments of imprisonment for offences punishable under Sections 506, 504 of Indian Penal Code, which were to run concurrently and of the fine payable, a sum of Rs. 5,000/- was to be paid to the wife of the victim by way of compensation.

(3.) The learned counsel for the appellants would contend that the Court below was not justified in convicting the accused on the basis of the evidence which was full of inconsistencies and contradictions. When there was no support by any of the alleged eye-witnesses in so far as the incident is concerned and the sole eye-witness on whose evidence the Court below has placed total reliance is also not acceptable for the simple reason that as discussed by the Court below itself that there is wide variance as to the manner in which the incident had taken place according to the said witness as stated by her in her First Information Report and as stated by her in her evidence before the Court below and in the face of such contradictory evidence the Court below was not justified in reconciling the statements and arriving at a finding that the accused had willfully assaulted and caused the death of the deceased - husband of PW-3.