BHAWANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellans have preferred this appeal against the judgment dated 14 -6 -1978, passed by the Sessions Judge, Jaipur District, Jaipur, by which the Sessions Judge found the appellants guilty of the offence and sentenced them as under:

(2.) APPELLANTS Bhawani Shankar and Radha Kishan were convicted under Sections 302 and 307, IPC and sentenced each appellant to life imprisonment for the offence under Section 302 IPC and 4 years' rigorous imprisonment and a fine of Rs. 100/ -, in default of payment of fine, to further undergo. 1 month's R.I. for the offence under Section 307, IPC. The accused -appellants Mahaveer Prasad and Bala Sahai were convicted under Sections 302/34, IPC and sentenced each appellant to life imprisonment. They were also found guilty of the offence under Sections 307/34, IPC and sentenced each to 4 years' R.I. and a fine of Rs. 100/ -, in default of payment of fine, to further undergo one month's R.I.

(3.) THE learned Sessions Judge framed charges against the appellants who pleaded not guilty and claimed trial. The accused -persons have denied the allegations made in the charge -sheet. Their case is that on account of enmity and litigation pending between Jagdish Prasad and Bala Sahai, they have been falsely implicated in this case. It was also contended by the accused Bala Sahai that there is a dispute with Sita Ram witness about some monetary transaction. The witness Narain Singh is the partner of Mst. Mooli and for that he has given the false evidence. There is also dispute with witness Rameshwar. Thus all the prosecution witnesses are on inimical term and hence they have appeared in evidence against them.