DURGALAL Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of the Addl. Sessions Judge, Jhalawar dated 20 -12 -1974 whereby he convicted the accused appellant under secs. 326, 325, 324 and 323 I.P.C. and sentenced him as under: - -

(2.) The learned Addl. Sessions Judge after taking into consideration the probability of the case and infirmities appearing in the statements of the witnesses, held the statement of the two injured witnesses and two other eye -witnesses reliable. Placing reliance upon the statements of all the four witnesses referred above, corroborated by the First Information Report and medical testimony, the learned Addl. Sessions Judge convicted and sentenced the accused appellant as mentioned above.

(3.) The learned counsel for the accused -appellant has lead before me the statements of PW 1 Devilal and PW. 2 Ramchandra. Both of them have made consistent statements. There is nothing in their statements on the basis of which the veracity of their statements can be doubted. They have been cross -examined at length but they stood very well at their cross -examination. Their statements further stand corroborated by the injury reports Ex. P/7 & Ex. P/8 & X -Ray reports Ex. P/7A & Ex. P/8A. The other two witnesses PW 3 Babulal and PW. Udailal have made similar statements as made by the injured persons. There is no reason for them to falsely implicate the accused. Besides that, the first information report of the occurrence was lodged within the short time in which the names of witnesses have been given and the entire prosecution story has been described in details which leads considerable support to the prosecution case. I find no reason to reverse the finding of fact arrived at by the trial court who had the advantage of observing the Demeanour of the witnesses in witness -box. The conviction of the accused -appellant under Ss. 326, 325, 324, 323 I.P.C. is, therefore upheld.