DEVI SINGH Vs. STATE

JUDGEMENT

(1.) This appeal has been filed against the impugned judgment & order dated 17.8.1994 passed by learned Addl. Sessions Judge, Bayana in sessions case no.25/1993 whereby he has convicted the appellant under Sec. 325 Penal Code and sentenced to 03 year RI and fine of Rs.500.00 and to further undergo two months RI on non-payment of fine.

(2.) Briefly stated facts of the case are that an FIR No.42/1992 for the offences under Sections 147, 148, 149, 323, 325, 379, 452 Penal Code was registered at P.S. Weir, Distt. Bharatpur. After usual investigation, police filed charge-sheet against the appellant before the Magistrate, who thereafter framed charges under Sec. 307 and 323 IPC, to which he denied and claimed to be tried. The prosecution examined as mangy as 08 witnesses and got certain documents exhibited. Statement of the accused under Sec. 313 Crimial P.C. was recorded. After hearing both the sides, the learned trial court vide order dated 17.8.1994 has acquitted the appellant from the offence under Sec. 307 IPC, but convicted and sentenced the appellant, as indicated above.

(3.) Against the said judgment dated 17.8.1994, this appeal has been preferred by the accused appellants.