PARMANAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INSTANT criminal appeal has been filed by accused appellant Parmanand against the judgment dated 25. 4. 2003 passed by the learned Judge (SC/st cases), Jhalawar whereby accused appellant Parmanand was acquitted of the charge under Section 3 of SC/st (Prevention of Atrocities cases) Act but was convicted for the offence under Section 302 IPC and was sentenced to undergo life imprisonment and fine of Rs. 5,000/- in default to further suffer imprisonment for six months RI.

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

(3.) ON the other hand, learned Public Prosecutor has supported the judgment of the trial Court and has contended that Ramchandra had told the entire incident to his wife PW. 1 Kanauz Bai, to his PW 2 Ratanlal and his brother Bapulal. He had told to all of them about entire incident and told that Parmanand had hit him with stone and caused injury by doing so. It is also contended that there is no reason to disbelieve all these three witnesses and dying declaration made by Parmanand to them is fully proved. It is also contended that trial Court has rightly convicted the appellant for the offence under Section 302 IPC and this appeal should be dismissed.