MURLIDHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INSTANT appeal filed by the accused appellant Murlidhar is against the judgment dated 3. 07. 2001 passed by Addl. Sessions Judge, No. 2, (Fast Track), Kota whereby he convicted the appellant for the offence punishable under section 302 IPC and sentenced him to undergo life imprisonment and a fine of Rs. 100/- and in default of payment of fine to further undergo three months RI.

(2.) THE brief facts which are relevant and essential for the disposal of this appeal are as under :

(3.) ON the other hand, learned Public Prosecutor has argued that statement of Anokh Bai is wholly reliable and there is no reason to disbelieve the same. She was sleeping in the same room in which this incident occurred. It is also argued by the learned Public Prosecutor that this witness has also received some injuries on her hand and this fact is corroborated by the statement of Dr. Laxmi Nath Meena and injury report Ex. P-13. The learned public Prosecutor has also argued that statement of Anokh Bai is also corroborated by the statement of PW-3 Kishgopal. He has also argued that the accused appellant Murlidhar has not explained any incriminating circumstance put to him in the statement under section 313 Cr. P. C.