FATYA ALIAS FATEH LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a criminal appeal against the judgment of Additional Sessions Judge, Gangapur City, convicting and sentencing the accused appellants as under:

(2.) ON the aforesaid report, a case under Section 302, IPC was registered by the police. After usual investigation, the case was challaned against eight accused persons in the court of Magistrate, who committed the accused to the court of Sessions. Learned Additional Sessions Judge, Gangapur City, after recording evidence led by the parties, while convicted and sentenced four accused appellants and acquitted the rest four accused persons namely, Heera Lal, Ramjilal. Basanti and Munni. Hence, this appeal.

(3.) OUT of the eight accused persons who were challaned in the court, only 2 have received injuries who were old whereas other six accused persons who were young including ladies have not received any injury. The prosecution case is only a defence to the complaint made by Smt. Sukho and the prosecution has not come with clean hands. Genesis of the quarrel has not been brought no record and the FIR Ex. P. 35 which is alleged to have been registered at 9.45 p m. was submitted only after 12 O'clock, as has been stated by scribe of the written report Ex. P.8 Sohan Lal PW 11.