KALYAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INSTANT criminal appeal has been filed by accused appellants Kalyan, Ramdayal and Laddulal against the judgment and order dated 23. 8. 99 passed by learned Addl. Sessions Judge, Chhabra, District - Baran whereby the accused appellants Laddulal and Ramdayal have been convicted for the offence under section 302 IPC and accused appellant Kalyan for the offence under section 302/34 IPC and all the three appellants have been sentenced to undergo life imprisonment and a fine of Rs. 1000/- and in default of payment of fine to further undergo six months RI.

(2.) THE brief facts which are relevant and essential for the disposal of this appeal are as under.

(3.) DEFENCE counsel has also urged that statement of Basantibai is also not reliable. It is also urged that there are material contradictions between the statement of Basanti Bai given in Court and version given in first information report. In FIR, she alleges that Kalyan was armed with Lathi and has inflicted injuries on the body of the deceased with that Lathi but in her statement in Court she deposes that Kalyan inflicted injury by Kulhadi on his leg. In her statement in Court she does not say that Kalyan has inflicted and injury by Lathi. It is also urged that in FIR Basanti Bai says that first of all Kalyan has inflicted injuries on the body of deceased then deceased fell down and then Laddulal inflicted injury by Kulhadi on his head and then Ramdayal has inflicted injury by spear (Ballam) but in her statement in Court she says that Ramdayal came there and he inflicted injury by Ballam on the neck of the deceased and then Kalyan inflicted injury by Kulhadi on the leg of the deceased and then Laddulal inflicted injury on the leg of her father. In this way there is material contradictions in the statement of Basanti Bai given in Court and version given by Basanti Bai in the FIR.