GALBA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is appeal against conviction filed under Sub -section (2) of Section 374 Cr.P.C. on behalf of Galba, assailing the judgment of conviction and order of sentence dated 27th September, 1993 delivered by learned Addl. Sessions Judge, No. 1, Udaipur, who in Cr. Case No. 47/89, while acquitting four co -accused persons, convicted accused appellant under Sections 326 and 324, I.P.C. and awarded him 5 years rigorous imprisonment along with fine of Rs. 500/ - as also 3 years' rigorous imprisonment respectively. Hence, this appeal.

(2.) ACCORDING to prosecution version, there were two injured PW -5 Pabuda and one Bhabuta, who have been caused injuries by five persons and F.I.R. was lodged immediately thereafter. Both the injured persons were medically examined. Accused persons were apprehended and one SBBL gun was recovered upon voluntary disclosure statement made by present accused appellant whereas arrows and bows were recovered from co accused persons. All the accused persons were charged by the court below and upon their pleading not guilty and claiming trial, prosecution examined number of witnesses and have also exhibited some documents. In their statements under Section 313 Cr.P.C., accused persons pleaded false implication and denied all the incriminating evidence. However, no evidence in defence was produced. Thereafter, learned trial court, upon a thread -bare discussion of the evidence, gave benefit of doubt to four co -accused persons while convicted and sentenced present accused appellant, as stated above.

(3.) I have carefully considered submissions made by learned Counsel as also evidence available on the record.