ROSHANLAL SON OF BHERULAL MALI, RESIDENT OF AARNI POLICE STATION RASHMI, DISTRICT CHHITTORGARH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Assailing the judgment passed by Additional District and Session Judge (Fast Track) Chhitorgarh in Sessions Case No. 09/2008 dated 26/03/2010, by which appellant-accused has been convicted under Section 302 of IPC with life imprisonment and with a fine of Rs.5,000/- in default to pay fine further to undergo six months simple imprisonment and under Section 201 of IPC for three years rigorous imprisonment and with a fine of Rs.1,000/- in default to pay fine further to undergo two months simple imprisonment, the instant appeal has been filed.

(2.) The contents of the FIR, which reveals the story of the prosecution does reflect as under:-

(3.) Heard both the sides, learned counsel for the accused-appellant has contended that almost all the prosecution witnesses have become hostile and nothing positive has been narrated by them despite the learned trial court has convicted and sentenced the accused-appellant and the findings of learned trial court are based on conjectures, which are not at all sustainable, so the appeal of the accused-appellant may be accepted and the findings of the learned trial court may be quashed. Per contra, learned Public Prosecutor has argued that there is no wrong in the findings of the learned trial court because the findings of the trial court are based on sound footings and prosecution has succeeded in proving its case, so the appeal of the accused-appellant may be dismissed.