BALURAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal appeal under Sec. 374, Cr.P.C., against the judgment dtd. 16/3/1993 and the order of sentence dtd. 20/3/1993 passed by learned Special Judge, SC/St (Prevention of Atrocities) Act, 1989 Jodhpur in Sessions Case No. 5/92, whereby the accused-appellants have been convicted and sentenced as below:

(2.) The present case arises out of a written report dtd. 11/2/1990 lodged by the complainant Shankarlal at about 9:15 AM at police station Piparcity, alleging therein that on 10/2/1990 at about 8 AM, the accused-appellants entered into his shack (kachhi dhani) and started beating him, as a result whereof the complainant Shankarram received multiple injuries, including one on head.

(3.) Learned counsel for the accused-appellants submitted that the learned Trial Court has committed a material irregularity in appreciating the evidence adduced by the prosecution and has thereby erred both in law and on facts in convicting the accused-appellants. It was contended that the entire prosecution story is false, concocted, and based on the testimony of highly interested witnesses belonging to the same family as the complainant. The finding of guilt recorded against the accused-appellants, therefore, is wholly unsustainable.