MAHESH @ HARI Vs. THE STATE OF RAJ.

JUDGEMENT

(1.) In this appeal, appellant has challenged the judgment dated 6.9.2003 of the learned Additional Sessions Judge (Fast -Track), No. 1, Jhalawar, whereby appellant Mahesh @ Hari was convicted and sentenced as under: -

(2.) The prosecution examined as many as 21 witnesses in support of its case. The statements of the accused were recorded under Sec. 313 Cr.P.C. In his explanation, appellant Mahesh @ Hari stated that the eye -witnesses examined were persons of criminal back ground and he was falsely implicated due to enmity as the deceased Pradeep made a deadly attack, which injured his hand at the paw so he was unable to hold a sword. One witness in defence was however examined. Learned trial Judge on hearing final submissions acquitted accused Gopal and Aslam, while convicted the appellant Mahesh @ Hari as indicated here -in -above.

(3.) We have heard learned counsel for the appellant, learned Public Prosecutor for the State and with their assistance scanned the material on record. Learned counsel for the appellant argued that the appellant has been falsely implicated due to enmity as the deceased Pradeep had made a deadly assault on the appellant wherein paw of his hand was injured and the appellant could not grip the sword as alleged by the prosecution.