NARAYAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE learned Sessions Judge, Churu by his judgment dated 6th October, 1980 has convicted and sentenced the seven appellants as under: - Triloka Ram, Narayan and Naurang each u/s 148 IPC, sentenced to six months' rigorous imprisonment. u/s 302 IPC read with s. 149 IPC sentenced to imprisonment for life and fine of Rs. 500/- and u/s 323 IPC read with s. 149 IPC sentenced to one year's rigorous imprisonment. Jeewan, Kanaram, Gopalram and Nandram each u/s 147 IPC sentenced to six months rigorous imprisonment and u/s 323 IPC read with s. 149 IPC sentenced to one year's rigorous imprisonment under section 302 IPC read with s. 147 IPC sentenced to imprisonment for life and fine of Rs. 500/ -.

(2.) AGGRIEVED of these convictions and sentences appellants have filed the present appeal.

(3.) WE have heard learned counsel for the remaining appellants and learned Public Prosecutor and have gone through the record. It is contended by the learned counsel for the appellants that the learned Sessions Judge should not have at all relied upon the evidence of Manni. Apart from the fact that she is a highly interested witness, her presence at the spot appears to be doubtful on account of number of circumstances which we shall presently refer to. He also urged that the learned Sessions Judge should not have relied upon the evidence of Bhani Ram even in part as his conduct is wholly unnatural and he is not corroborated by Mohanram. It was also contended by him that the weapons said to have been recovered from the accused persons have not been proved to be stained with human blood, and therefore, they could not be connected with the present crime and the learned Sessions Judge could not have taken the circumstances of the recovery of these weapons into consideration against the accused. He further contended that the recovery of the blood stained shirt of accused Naurang is also not free from doubt and, therefore, this circumstance also could not have been used against him specially when the learned Sessions Judge himself had found that it is not established that the injury found on the person of Naurang was received by him during the course of this incident and has also found that the stains on the shirt of Naurang are not proved to be of human blood. Learned counsel further submitted that the account of the incident given by Smt. Manni and Bhani Ram does not fit in with the medical evidence. He, therefore, urged that the prosecution story should be disbelieved and the accused be acquitted. The learned Public Prosecutor on the other hand has supported the findings of the learned Sessions Judge.