DEVI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal by the five accused persons Devilal, Lalchand, Rajiram, Mohanlal, and Utama Ram arises out of the judgment of the learned Additional Sessions Judge No.2, Hanumangarh dt. 30.1.1987 passed in Sessions Case No. 70/1985 convicting and sentencing each of the accused appellant as under:- Under Sec. 148 IPC- Sentenced to one year's R.I. U/s. 302 r/w 149 IPC- Imprisonment for life and fine of Rs. 500/- in default to undergo three months' R.I.U/S. 27 of the Arms Act- One year's R.I. And a fine of Rs. 200/- in default to undergo one month's R.I.

(2.) THE appeal was admitted on 9.2.1987, and thereafter, after receipt of the record, the sentence awarded to the accused persons were also ordered to be suspended.

(3.) LEARNED Public Prosecutor, on the other hand, supported the impugned judgment, and submitted that the case rests on the testimony of the two eye witnesses P.W. 3 and P.W.4, and there is no reason to disbelieve their statements. Regarding the deposition by the Investigating Officer P.W. 5 during cross examination, it was contended to be only hearsay, and being not admissible in evidence. It was also submitted that the evidence of P.W. 3 and P.W. 4 is plain and simple, when they were going to purchase buffalo, there was no occasion for the accused to go armed with any weapon, and they were waylaid by the accused persons unawares, and the accused persons opened firing, wherein the deceased had died. Thus, there is no reasonable ground to interfere with the impugned order of conviction. We have heard learned counsel, have considered their submissions, and have gone through the record closely and carefully. Since the prosecution relies upon, and rests its case mainly on the evidence of P.W. 3 and 4, we may gainfully recapitulate their evidence in order to see as to whether it would be safe for us to rely upon them to find the three accused appellants guilty for capital offence.