BALLO @ BALVEER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the accused-appellant as well as learned Public Prosecutor appearing on behalf of the respondent-State .

(2.) THIS criminal appeal under Section 374(2) Cr.P.C. has been filed against the judgment and order dated 21.08.2010 passed by Special Judge(Dacoity Effected Area), Dholpur(Raj.)(hereinafter referred to as 'the Trial Court') in Sessions Case No. 21/2009, whereby the Trial Court, while acquitting the accused-appellant from the charges under Section 11, R.D.A. Act, has convicted and sentenced the accused-appellant Ballo @ Balveer under Section 307/34 IPC to undergo seven years rigorous imprisonment and a fine of Rs. 2,000/-, in default of payment of fine to further undergo six months simple imprisonment.

(3.) ON the basis of aforesaid report, FIR No. 37/2008(Exhibit P15) was registered about commission of offences punishable under Sections 307, 353 read with Section 34 IPC, Section 11 RDA Act and Section 3/25 Arms Act at Police Station Basaidang, District Dholpur. After due investigation, police filed charge sheet against the accused-persons namely Rambabu and Ballo under Sections 307, 353 read with Section 34 IPC and Section 11 RDA Act before the Judicial Magistrate, Badi wherefrom the case was committed to the Trial Court. Against remaining two accused-persons namely Rakesh and Vakil investigation was kept pending under Section 173(8) Cr.P.C. Learned Trial Court after hearing arguments of the parties, framed charges against accused-persons Rambabu and Ballo @ Balveer under Sections 307 IPC, in alternate under Section 307/34 and under Section 11 RDA Act. Both the accused denied the charges and claimed trial.