MAGHAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) APPELLANTS Maghar Singh and Bikar Singh @ Amarjeet Singh were tried for the offences under sections 307, 326 and 324 read with Sec. 34 I. P. C. by the Sessions Judge, Sri-Ganganagar. By the judgment dated Feb. 9, 1982 accused Bikar Singh @ Amarjeet Singh was convicted for the offence under section 326 I. P. C. and Maghar Singh for the offence under section 326 read with sec. 34 I. P. C. & both of them were sentenced to four years rigorous imprisonment and a fine of Rs. 500/-, in default to undergo six months rigorous imprisonment each. By the same judgment Maghar Singh was held guilty for the offence under section 324 and Bikar Singh for the offence under section 324 read with sec. 34 I. P. C. and sentenced to one year's rigorous imprisonment and a fine of Rs. 200/-, in default to undergo two months rigorous imprisonment each with an order that the substantive sentences awarded to both the appellants shall run concurrently.

(2.) IT is in grievance that judgment that the appellants have preferred this appeal in this Court.

(3.) THE learned counsel for the appellants strenuously contended that in the absence of the statement of Gurdeosingh, the evidence of other witnesses should not have been placed reliance to establish the guilt against the appellant's. That, the prosecution case suffers from serious infirmities. THE witnesses named in the First Information Report have not been examined. THEre is delay in recording the statements of the alleged eye witnesses. Most of the eye witnesses are interested in the injured. THEre is delay in lodging the First Information Report without there being any explanation for the same. To substantiate his contentions, the learned counsel placed reliance on certain authorities which would be discussed at the appropriate stage.