KHERA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two appeals are directed against the judgment dated 29th of November, 1976 passed by the Additional Sessions Judge, Ajmer, Camp Jalore, convicting the appellant under section 302, IPC.

(2.) THE appellants were tried by the learned Additional Sessions Judge, Jalore, under section 302/34, IPC, who after trial, convicted the appellants Kana, Khora and Chena, for the offences under section 302, IPC and awarded sentence of life imprisonment and a fine of Rs. 2000/- each and in default of payment of fine, the accused-appellants were further to undergo six months' R. I.

(3.) MR. Doongar- Singh, learned counsel for the appellants has submitted that the lower court was not justified in convicting and sentencing the appellants on the basis of the testimony of PW 2 Ramlal, who is a chance witness and whose presence at the scene of occurrence is doubtful. His further submission is that witness Ramlal is son of Khianram and nephew of Sajan and thus he is an interested witness and his testimony also does not find support from the medical evidence. MR. Doongar Singh further submitted that though according to Ramlal, the accused had taken meals with him but the stomach was found empty. His other contention is that as the incident was taken place in the night, therefore, at that time there was no possibility of identifying the assailants and to over come with this difficulty the torch has been introduced otherwise, if the witness Ramlal had gone to Chaina Ram's house in the morning for labour, there was no question of taking the torch with him.