(1.) The appellants herein have preferred the instant appeal under Sec. 374(2) Cr.P.C. being aggrieved of the judgment dtd. 28/4/1995 passed by the learned Additional Sessions Judge, Barmer in Sessions Case No.42/1994 whereby, they were convicted and sentenced as below:-
(2.) The appeal was preferred by four accused including Ambaram, who passed away during the pendency of the appeal and hence, the appeal has abated to his extent.
(3.) Shri Pradeep Shah assisted by Shri Chakravarti Singh learned defence counsel vehemently and fervently contended that the conviction of the appellants as recorded by the trial court by the impugned judgment, is absolutely unjust and contrary to the facts and thus, the following grounds were put for questioning the validity of the impugned judgment:-