DHAN SINGH Vs. STATE

JUDGEMENT

(1.) Chetram son of Ram Narayan, Prakash Kumar son of Gordhan, and Dhan Singh son of Mool Chand in Sessions case No. 67/1988, were tried by the court of Additional Sessions Judge No. 1, Ajmer. The said court vide impugned judgment dated 25.7.1990 acquitted Chetram and Prakash Kumar, who had not played any overt role in the occurrence. However, the said court convicted Dhan Singh for the offence under Section 302 IPC and 4/25 of Arms Act. Vide a separate order of even date, the said court sentenced the appellant as under:-

(2.) Both the sentences were ordered to run concurrently. Aggrieved against his conviction and sentence, the appellant preferred the instant appeal.

(3.) In the present case, the presence of the deceased and the occurrence stands admitted by the present appellant in his statement recorded under Section 313 Cr.P.C., 1973 However, the appellant has given different version qua manner of the occurrence. Smt. Kanta (P.W.4), whose presence is admitted by the prosecution and the defence, has narrated the manner of the occurrence. The present appellant in his statement under Section 313 Cr.P.C., 1973 has made statement in consonance with the statement made by Kanta (P.W.4).