MAHADEV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order dated 29.7.1987 passed by Additional Sessions Judge No. 1, Jodhpur (for short 'the trial court' hereinafter) in Sessions Case No. 21/85, whereby co- accused Omiya was convicted under section 307 Penal Code and appellant Mahadev for offence under section 307/34 Penal Code and was sentenced to undergo 5 years' rigorous imprisonment and fine of Rs. 250.00, in default of payment of fine to further undergo 3 months' rigorous imprisonment. Aggrieved by the judgment and order impugned, the appellant has filed the instant appeal.

(2.) Briefly stated facts, which are relevant and necessary for decision of this appeal, are that on the basis of Parcha Bayan of PW2 Ramesh Ex.P/1, police registered a crime report on 25.8.1984 for the offences under sections 341, 323 and 324/34 Penal Code against the appellant and co-accused Omiya. After usual investigation, police filed the challan for the offences under sections 307, 326/34 Penal Code The appellant was put to trial. Prosecution adduced the evidence by producing as many as 10 witnesses and also the documents Exhibits P/1 to P/10. The accused made statement under section 313 Cr.PC. and denied the allegations. The trial court after trial convicted and sentenced the appellant and co-accused Omiya as noticed above.

(3.) I have heard learned counsel for the appellant and the learned Public Prosecutor for the State. I have carefully gone through the judgment and order impugned as also scanned, scrutinised and evaluated the evidence on record.