PRADEEP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Represented appeal No. 50 of 1981 filed by accused Dinesh and represented appeal No. 10 of 1981 filed by accused Pradeep are directed against the same judgment and relate to the same occurrence, as such they are being disposed of by a common judgment.

(2.) These appeals are directed against the judgment dated December 12, 1980 of learned Additional Sessions Judge No.1, Bharatpur, whereby he convicted and sentenced the accused-appellants as under:

(3.) We are not required to deal in detail the evidence on record, because the learned counsel for the appellants after arguing the case for some time rightly conceded that there is evidence on record to hold that the occurrence did take place at the time and place mentioned by the prosecution. He further agrees that accused Dinesh inflicted injury on the person of Vinod Kumar which proved to be fatal. However, we have looked into the evidence. No doubt there is material contradiction on the point of injuries between the statements of the eye-witnesses and the Doctor and independent witnesses have not been examined, Dl;lt it can be safely said that at least one injury was inflicted by Dinesh on the person of Vinod Kumar, which ultimately led to his death.