UKARDA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These appeals are directed against the judgment of conviction recorded by the learned Sessions Judge, Jalore, dated 14-5-1985 in Sessions Case No. 71/83, convicting the accused appellants Ukarda and Jawana for imprisonment for life under Sections 147, 148, 149, 447, 323 and 302 of the Indian Penal Code and also convicting accused appellant Narsa under Section 324 of the Indian Penal Code and sentencing him of rigorous imprisonment for a period of two years.

(2.) The prosecution story in brief is that on 12-11-1983, in the afternoon, deceased Prabhu allegedly went to the field of Ukarda, one of the accused appellants, where he is said to have been assaulted by the accused appellants, which resulted in his death.

(3.) The prosecution has examined 13 witnesses in support of its case of murder of Prabhu Lal by the accused with the common object of so killing him. Reappreciation of this evidence is necessary as the same was urged by the learned counsel for the appellant, who took us through the entire evidence and has critically commented upon the deposition of each witnesses. According to him, the witnesses are not trust-worthy, there are discrepancies in the evidence of each witnesses and, therefore, the evidence is liable to be rejected. In order to appreciate this contention, it will be necessary to again scrutinise the evidence in light of the criticism made by the learned counsel.