MAHAVEER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal, under S. 374 Cr. P. C. , is directed against the judgment dated 28. 9. 1999 passed by Additional Sessions Judge, Baran, in Sessions Case No. 75/1998, whereby the accused appellant has been convicted under S. 302 IPC and sentenced to life imprisonment and fine of Rs. 500/-, in default to further undergo sentence of six months' rigorous imprisonment; and under S. 341 IPC sentenced to one month's rigorous imprisonment. Both the sentences were directed to run concurrently.

(2.) THE case set up by the prosecution is that a writ report, Ex. P. 11, was submitted by PW. 12-complainant Abdul Alim, to the SHO police station Kotwali Baran at about 10. 50 PM on 17. 6. 1998 with the averments that he being driver, was driving the jeep owned by Maqsood on 17. 6. 1998. Both Maqsood and Kailash Suman were sitting in the jeep for Mathna. At about 9 PM when they reached the bridge (puliya) near Village Mathna the road was found blocked with stones. He along with Maqsood and Kailash started removing the stones. Suddenly Hari Singh Jat along with 6 to 7 other persons came there. Hari Singh while saying that they would kill him (Maqsood), inflicted a blow with Gandasi on his head and ran away along with his associates. Maqsood, on account of head injury, fell down and became unconscious and blood was oozing from his head. THEy immediately took him to the Hospital at Baran. He identified only Hari Singh in the jeep's light but could not identify the other persons.

(3.) LEARNED Public Prosecutor contended that Mahaveer (appellant) inflicted the blow of Gandasi on the head of Maqsood. It is also contended that in the identification parade, Mahaveer (appellant) was identified by the witnesses Abdul Alim (PW-12) and Kailash (PW-11 ).