SEV NATH AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants herein have approached this Court by way of this appeal challenging the judgment dated 24.6.1994 passed by the learned Sessions Judge, Churu in Sessions Case No. 52/1992, convicting and sentencing the appellants as below: <FRM>JUDGEMENT_85_LAWS(RAJ)6_2016_1.html</FRM>

(2.) Shri S.G. Ojha, learned Counsel for the appellants vehemently contended that the conviction of the appellants as recorded by the Trial Court is totally illegal and was passed without proper appreciation of evidence available on record. He contended that the First Information Report of the incident was lodged after significant delay. The testimony of the prosecution eye-witnesses is wavering and highly contradictory. He thus urged that the appeal deserves to be accepted and the appellants herein are entitled to be acquitted of the charges.

(3.) Per contra, learned Public Prosecutor vehemently opposed the submissions advanced by the learned Counsel for the appellants. He contended that the appellants herein were raising illegal construction by encroaching on a public lane. The complainant Khushala Ram objected to the same upon which, Sev Nath the appellant herein hurled caste based abuses towards him. Khushala Ram inflicted a grievous injury on his thumb by a blunt weapon. The evidence of the prosecution witnesses in firm and unimpeachable. Thus, he urged that the appeal being devoid of any merit should be rejected.