BABOO KHAN Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant has preferred this appeal assailing the judgment of conviction and order of sentence dated 01.08.1990 passed by the learned Additional Sessions Judge, Nagaur in Sessions Case No.3/1989, whereby the appellant-accused was convicted for the offences under Sections 498A and 304B IPC and was sentenced as under:-

(2.) After completion of investigation, the police filed charge-sheet against the appellant-accused and coaccused Patasi in the court of learned Chief Judicial Magistrate, Nagaur and since the case was exclusively triable by the court of Sessions, the case was committed to the court of learned Additional Sessions Judge, Nagaur for trial where the charges for the aforesaid offences were framed

(3.) To substantiate the charges, the prosecution examined as many as 15 witnesses and exhibited documents. Thereafter, the appellant-accused and coaccused were examined under Section 313 Cr.P.C. in which they denied the prosecution evidence and stated that the deceased was being kept in good condition and that they have been implicated falsely. In defence, the accused examined Mubarak Khan (DW-1), Bajju Khan (DW- 2), Banne Khan (DW-3) and Sawai Khan (DW-4). The learned trial court, after hearing, vide impugned judgment of conviction and order of sentence dated 01.08.1990, while acquitting the co-accused Patasi, convicted and sentenced the appellant-accused as aforesaid.