SAVJI & ANR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This jail appeal was filed by accused-appellants (1) Savji and (2) Homa against the judgment dated 12.10.2006 passed by the Addl. Sessions Judge(Fast Track) No.1, Udaipur in Sessions Case No.19/2006 titled as State v. Savji and anr. whereby both the accusedappellants were convicted under Section 302/34 of Indian Penal Code by life imprisonment and a fine of Rs.5,000/- and in default of payment of fine, each of the accusedappellants was ordered to suffer one year's additional rigorous imprisonment. Both the accused-appellants are in jail in this case since 15.12.2005.

(2.) Mr. K.R. Bhati was appointed Amicus Curiae on behalf of the accused-appellants. It has been submitted by him that the trial court had convicted the accused-appellants on the basis of alleged extra-judicial confession by the accused persons before Nagji Ram, Up-sarpanch, who has been examined as PW-13, but PW-13 Nagji Ram was found hostile, so in absence of other reliable evidence it has been prayed that both the accused-appellants should have been given benefit of reasonable doubts by the trial court and they should have been acquitted.

(3.) The learned Public Prosecutor has opposed the arguments of the accused-appellants generally and it has also been submitted at Bar that both the accusedappellants are in jail in this case since 15.12.2006(the date of their arrest).