LADU AND KANA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 7th October, 1977, of the Additional Sessions Judge, Bhilwara, convicting and sentencing the appellants as under:

(2.) THE accused was then tried by the Additional Sessions Judge for the offence under Section 307 IPC. After trial the Additional Sessions Judge convicted and sentenced the petitioners as aforesaid. The co -accused Ratna was also convicted under Section 324 read with Section 34 and 457 IPC but as -he was below 21 years of age, the learned Additional Sessions Judge released him on probation.

(3.) THE case against the petitioners depends on the testimony of PW 2 Mohanlal, who received the injuries in the accident. His presence at the spot cannot, therefore, be doubted. The learned Sessions Judge has placed reliance on his evidence and there is no reason for me to take a contrary view as regards the assessment of his testimony. The witness appears to be truthful and he has stated that it were the accused who caused injuries to him. The conviction of the petitioner Ladu for the offence under Section 324 and 457 IPC and Kana under Section 324 read with Section 34 and 457 IPC appears to be correct. As regards the question of sentence it is to be seen that the occurrence took place as back as October 29, 1976, and now a period of more than 8 years has elapsed. The petitioners are Harijans and are relatives of the injured. They have already undergone a sentence of more than 25 days, and it would not be advisable now to send them to jail after a period of more than 8 years. They are not stated to be previous convicts.