ATUL ALIAS SAMLESH S/O AARAM SINGH, B/C YADAV, RESIDENT OF NAGLAGANGE, P.S. JASRANA, DISTRICT, FIROJABAD (UP) Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 13.4.2007 passed by Additional Sessions Judge (Fast Track) No.2 Pali in Sessions Case No. 58/2006 - State Vs. Atul and another whereby both the accused-appellants have been convicted and sentenced to life imprisonment with a fine of Rs.1000.00 and in default to undergo one years rigorous imprisonment under Sec. 302/34 of I.P.C.

(2.) The first information report Ex.12 which has been lodged on 22.09.2006 under Sec. 302/34 I.P.C. at Police Station, Industrial Area, Pali reads as under:-

(3.) Heard the arguments advanced by both the sides, learned counsel for the appellant has urged that the impugned judgment is erroneous because the learned trial court has not appreciated the evidence properly and nothing incriminatory has emerged from the evidence of the prosecution and there are serious contradictions in the prosecution case but without any positive, ocular evidence and despite there being weak circumstantial evidence, learned trial court has held the accused-appellants guilty, so the appeal may be allowed and both the accused-appellant persons be acquitted. Per contra, learned Public Prosecutor has contended that nothing abnormal has occurred in the prosecution evidence and the learned trial court has correctly appreciated the evidence, there was enmity between deceased and the accused, so accused persons persuaded deceased as if, they were on compromise to go together and further killed him. Prosecution has adduced reliable evidence against both the accused-appellants, so there is no infirmity in the findings of learned trial court and appeal does not bear any force, so it be dismissed.