GAURI SHANKER @ BABLU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant was indicated before the learned Special Judge, SC & ST Prevention of Attrocities Cases Ajmer for the murder of Sadan Lal. Learned Trial Judge convicted and sentenced the appellant under Sec. 302 Penal Code to undergo life imprisonment and to pay fine in the sum of Rs. 1000.00 in default to further undergo six months rigorous imprisonment vide judgment dated July 9. 1996. Hence this appeal under section 374(2) Cr.RC. at his instance.

(2.) The short-facts leading to the conviction need narration-

(3.) Mr. A.K. Gupta, learned counsel appearing for the appellant, canvassed that FIR in the case was antedated. The statements of the witnesses were not properly considered. The independent witnesses Sunil Soni and Laxmi Narain were not produced. The witnesses Ashok Mishra PW 1, Naresh Sharma PW 3, Mukesh Chand Sharma PW 4 and Udai Singh Chauhan PW 13, are not the witnesses of the actual occurrence and no reliance can be placed on their testimony. Even if the prosecution case is taken as it is no offence under section 302 Penal Code is exfacie made out as the appellant had not intended to commit murder of Sadan Lal. One simple injury from the sharp edged weapon has been attributed to the appellant and the offence does not travel beyond section 304 Part II.