ROOPI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal by Roopi against his onviction and sentence recorded by the Addl. Sessions Judge, Bharatpur, which are as under: U/s 324 IPC - 1 year's R. I. with a fine of Rs. 200/- in default, 2 months' R. I.

(2.) THE accused-appellant, Roopi, has been acquitted for the offence under S. 307 IPC and another co-accused, Naval, has been acquitted of the offence under S. 307/34 IPC.

(3.) THE trial court came to the conclusion that the prosecution story so far as its origin is concerned is not believable. THE trial court also came to the conclusion that all the other witnesses except Bhagwansinah (PW 4) were not present on the spot and their presence is very doubtful, and that, the accused persons would have come duly armed with one or two country made pistols alongwith other armed persons, for taking only 6-7 lorries of groundnuts of Revati but, it has not categorically come in evidence that they had come only to take the groundnuts of Revati. THE trial court has also disbelieved the defence version that 20-22 persons armed with lathel weapons attacked the accused party.