MAJOR KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is filed by the accused-appellant challenging the impugned judgment dated 3.5.1985 convicting the accused appellant under Sec. 307 I.RC., to undergo 10 years R.l. and fine of Rs.200.00 and in default of payment of fine to further undergo two month's R.l. and under Sec. 27 of Arms Act to undergo one year's R.l. and a fine of Rs. 200.00 and in default of payment of fine to further undergo two month's R.l. on the grounds mentioned in the memo of appeal and also canvassed before me.

(2.) With the assistance of the learned counsel for the accused-appellant and learned Public Prosecutor I have scrutinised the evidence on record and re-appreciated the evidence on record.

(3.) On re-appreciation of the evidence, I find that the offence under Sec. 307 I.RC. and 27 of Arms Act is made out. The accused person is on bail for last about 14 years. To put them back in jail after appellants led peaceful life of ordinary citizen, would be rather unjust.