DEEPA RAM @ DEEPAK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE Additional Sessions Judge, Phalodi District Jodhpur by judgment dated 20.02.2008 in Sessions Case No.10.2004 titled as State of Rajasthan V/s Deepa Ram @ Deepak & Ors. had convicted the accused persons as under: -

(2.) JETHA Ram: - The accused was convicted under sections 411 and 414 IPC but because of death of the accused -appellant Jetha Ram, his appeal has already been abeted.

(3.) WE have heard arguments of learned Advocate for the appellant as well as of learned Public Prosecutor appearing on behalf of the State. The learned Advocate for the appellant has argued that the trial court has blindly relied upon the statements of near relatives of the deceased and the trial court has proceeded with the presumption as if the appellant was obviously guilty of the offence charged, the trial court has not bothered to distinguish the motive and intention behind the crime in the matter.