RAWATA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused-appellant Rawata in this appeal has challenged veracity of the judgment dated 27.02.2007 which was passed in Sessions Case No.84(2005 (35/2005) titled as State of Rajasthan Vs. Rawata by Additional Sessions Judge (Fast Track), Sirohi. That court by the impugned judgment had convicted and sentenced the accused-appellant Rawata as follows:- <FRM>JUDGEMENT_322_LAWS(RAJ)12_2014_1.html</FRM> Both the substantive sentences were ordered to run concurrently by the trial court.

(2.) In this appeal, it has been argued by the accused-appellant that he was insane at the time of the alleged offence and so by giving benefit under section 84 of Indian Penal Code, he should have been acquitted by the trial court. In the alternate, he has argued that the trial court has convicted and sentenced him against the facts and against the law. It has been argued that the trial court has wrongly relied upon the sole witness Praga Ram, PW7 and it has ignored the fact that PW2 Manara, PW 9 Roopa Ram, PW3 Deva Ram, PW4 Dana Ram and PW6 Lavgi have not supported the prosecution story. It has also been argued that the trial court has unnecessarily ignored the statement of DW1 Dr. Rajesh Malviya and misinterpreted the statement of PW5 Dr. Krashan Bihari Malap.

(3.) We have heard the arguments. The learned Public Prosecutor has strongly opposed the arguments of the appellant's counsel and it has been argued on behalf of the Public Prosecutor that the judgment of the trial court suffers from no infirmity and also that the proof of insanity was not tendered by the accused-appellant in the trial court. It has also been argued that even if there is some discrepancy in the medical evidence then too the case of murder is proved beyond reasonable doubt against the accused-appellant so the judgment of the trial court should be affirmed.