PALI RICHPAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment and order dated 14 -6 -1983 passed by the learned Sessions Judge. Sri Ganganagar in Sessions Case No. 1/83 by which the learned Sessions Judge convicted and sentenced the appellants as below: Name of accused Convicted under Section Sentence awarded 307 I.P.C. 5 years' RI. and a fine of Rs. 200/ - in default to further under go 3 months' R.I. 27 Arms Act 6 months' R.I. and a fine of Rs. 50/ - in default to further undergo 1 month's imprisonment. Raj Singh 364 I.P.C. 5 years' RI. and a fine or Rs. 200/ - in default to further undergo 3 months' R.I. 307/34 I.P.C. and 307 I.P.C. 5 years' RI. and a fine of Rs. 200/ - in default to further undergo 3 months' R.I.

(2.) BY the same judgment and order the learned Sessions Judge acquitted two accused, namely Amrit Pal and Teka of the charges framed against them.

(3.) THE learned counsel for the appellant Raj Singh has raised following submissions before this Court: (i) That the statement of P.W. 2 Bogar Singh is only solitary testimony in the present case, which should not be believed in the manner as has been believed by the learned Sessions Judge because the learned Sessions Judge himself has come to the conclusion that he is not reliable witness. (ii) He has further argued that once his statement is full contradictions with his previous statement Ex. P/2, and statement recorded by the Magistrate Ex. D/1 and when his statement has not been believed against the accused Amrit Pal Singh and Teka, it should not have been believed for rest of the accused also. He further prays that the accused appellant Raj Singh be also acquitted of the charges framed against him.