BHAGA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal by the accused who has been convicted for an offence under Sec. 302 of the Indian Penal Code in sessions trial No. 12/88 by the Sessions Judge, Pali on 30/09/1991.

(2.) The prosecution story in brief is that a first information report was lodged at 4 a.m. on 27/09/1987 by one Pema Ram that in the night of 26/09/1987 between 12.30 and 1 a.m., I was called by Basti Ram and Puka Ram saying that the accused is beating Andi, wife of Bhaga Ram present accused in the house of Andi's father, who is also the father of the reporting witness. It was then reported that the complainant ran away along with Basti Ram and Puka Ram to the their father, when they saw that accused Bhaga Ram was assaulting Andi with an axe, on seeing the witnesses, the accused ran away. The prosecution examined 17 witnesses to prove the prosecution case whereas one witness was examined by the accused in support of his claim of innocence.

(3.) In order to appreciate the several contentions raised by the learned counsel for the accused and the learned Public Prosecutor, it will be necessary to reappreciate the evidence on record. This is an appeal from the original order of conviction whereby, the accused is sentenced to imprisonment for life. In our opinion, reappreciation of evidence without considering the judgment of conviction is necessary for just and proper adjudication of an appeal under Sec. 374(2) of the Cr. P.C.