SURENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two appeals are directed against the judgment of the learned Additional Sessions Judge No. 1, Kota, convicting the accused appellant and sentencing them as under:

(2.) ACCORDING to the prosecution case, the occurrence took place at about 10.30 p.m. on 18 -12 -1978 when accused appellants and one co -accused Khairati came in the Hospital and committed murder of one Raju who was admitted in the hospital due to some injuries. These accused persons also injured Saboo (PW 4) who was attendant of his friend Raju. The police received information and reached at the Hospital and recorded the statement (Ex. P. 2) of Saboo (PW 4) on the basis of which a regular FIR (Ex.P 17) was registered at the Police Station Nayapura, Kota. The police registered a case under Section 302, 307, 147, 148 and 149 IPC.

(3.) LEARNED counsel for the appellants have vehemently argued that the prosecution has falsely implicated the accused appellants and that all the witnesses who had deposed against the appellants, are interested witnesses and inimical towards the appellants, hence, their evidence cannot be relied upon. They have further submitted that the prosecution has failed to examine any independent witnesses who were admittedly present at the spot and were even named in the calender of witnesses produced along with the challan. The learned Additional Sessions Judge has acquitted the co -accused Khairati and the State of Rajasthan has not filed any appeal. While acquitting the co -accused Khairati, learned Additional Sessions Judge did not place any reliance on the same set of evidence who have implicated the accused appellants also along with Kharati. They have further submitted that the articles alleged to have been recovered by the prosecution at the instance of the accused appellants did not show any blood marks and did not connect the accused appellant with the crime.