BORIYA ALIAS JAGMAL KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED-appellant Boriya was tried with Jaldar Khan under Section 302, I. P. C. for committing murder of Suleman Khan by causing gandasi blow on his leg on November 28, 1979. The learned Sessions Judge acquitted accused Jaldar Khan of all the charges framed against him, but he convicted the accused-appellant for the offence punishable under Section 302, I. P. C. and sentenced him to suffer imprisonment for life.

(2.) WE are not required to detail the facts and circumstances brought forth on record by the prosecution in this case, as the learned counsel for the accused has already conceded that there are sufficient evidence on record to hold that the accused Boriya, inflicted fatal blow on the leg of the deceased. However, we have also looked into the record and are satisfied that by cogent, reliable and consistent evidence the prosecution has been able to prove that the occurrence did take place in the manner alleged by the prosecution and the accused-appellant was rightly held guilty for causing injury on the leg of deceased Suleman Khan.

(3.) A copy of this order be sent to the lower court as well as at the Central Jail, Jaipur. .