UMAID SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Being aggrieved by the judgment and order of conviction date 11.6.1991 passed by the learned Sessions Judge, Balotra in sessions case No. 11/91 convicting the accused- appellant under Sec. 302 of the Indian Penal Code to suffer imprisonment for life and to pay a fine of Rs. 1000.00 and in default of payment of fine to further R.l. for six months, the learned Judge also convicted the accused-appellant under Sec. 201 and sentenced him for two years R.l. and a fine of Rs. 500.00, the appellant has preferred this appeal on the ground mentioned in the memo of appeal as also on the grounds urged at the time of hearing of the appeal.

(2.) Facts giving rise to the appeal stated briefly are that a first information report was lodged by one Heera Ram Meghwal stating that his nephew Ghevar Ram was killed by accused Umaid Singh by giving him blow of a heavy stick. On the basis of the first information report lodged in the police on 16.6.1990, investigation was started. The accused was arrested and prosecuted. The prosecution has examined as many as 27 witnesses to, prove its case. Several documents were also proved by some of the witnesses and on consideration of the entire oral and documentary evidence, the learned Judge came to the conclusion of guilt and consistent with his finding of guilt, sentenced the accused to suffer life imprisonment as aforesaid.

(3.) With the assistance of the learned counsel for the accused and the learned Public Prosecutor, we have re-appreciated the evidence on record and have scrutinised the documentary evidence as was done by the learned Sessions Judge.