JABBAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is filed by the accused -appellant challenging the judgment dated 9.9.1985 passed by Additional Sessions Judge, Rajsamand in Sessions Case No. 38/1984 convicting the accused appellants under Section 307 I.P.C. and sentencing him to suffer R.I. for four years on the grounds mentioned in the memo of appeal and as also verbally canvassed before me.

(2.) WITH the assistance of the learned Counsel for the accused -appellant and learned Public Prosecutor I have scrutinised the record and reappreciated the evidence on record.

(3.) FROM the scrutiny of the evidence and the judgment passed by the learned trial Judge it is apparent that this is a case of free fight the learned Judge has mentioned in his judgment that two witnesses are not reliable. The learned Judge has also found that the Doctor's opinion is not acceptable as he does not have any knowledge of the Medical Jurisprudence. The learned Judge has also criticised the evidence and had suspected that there was change in the deposition. The first information report is also not very clear on attributing the injuries.