HARISH AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These appeals are directed against the judgment and order dated 22.4.1995 passed by the Sessions Judge, Dungarpur, convicting the appellants-Harish and Amra, for the offence under section 302 read with 34 I.P.C. and sentence each of them to imprisonment of life find to pay the fine of Rs. 2,000 /- in default further under go one month's simple imprisonment.

(2.) The prosecution case in brief is that on 27.3.1994 PW 1 Kalu lodged a report at police out post Deval stating inter alia that on 26.3.1994 at about 9.00 p.m. he heard the outcry of his brother Walla and his wife PW 2 Gomani and found that they were on the way to their house, behind the house of Boda, returning from village Deval after marketing. PW 4 Laxman and PW 8 Subhash also reached on the spot. Appellant Harish, Hoorji and Amra were shouting.

(3.) The accused persons denied the charges and claimed trial. The prosecution in support of its case examined 10 witnesses. The appellants in their statements under section 313 of the Code of Criminal Procedure denied the correctness of the prosecution evidence appearing against the appellants proved, and, hence convicted both the appellants as noticed above. The trial Court, however acquitted accused-Hoorji.