- (1.) The instant appeal, filed on behalf of the accused-appellants, is directed against the judgment and orders dated 19.6.2012 passed by Smt. Kamini Pathak, Additional Sessions Judge, Court No.15,, Bulandshahr in Sessions Trial No.213 of 2010 ( State Vs. Rajendra and others), whereby these appellants were convicted under sections 323,324, 325,341 and 307 I.P.C and sentenced to undergo rigorous imprisonment of one year and to pay fine of Rs.1,000/-, rigorous imprisonment of 3 years and to pay fine of Rs.3,000/-, rigorous imprisonment of 5 years and to pay fine of Rs.5,000/- rigorous imprisonment of 7 years and to pay fine of Rs.10,000/-in default of payment of fine they were further directed to undergo rigorous imprisonment of one month, two months, three months, seven days and six months, respectively. All the sentences were run concurrently.
(2.) Heard Sri Sandeep Kumar Pandey, learned counsel appearing for the appellants, Sri Raj Bahadur, Advocate appearing for the State-respondent and perused the record.
(3.) On behalf of appellants it has been argued that due to old enmity on account of land seven persons were falsely implicated in the present case, out of which three persons have been acquitted and the present three appellants have been erroneously convicted. The impugned judgement and orders are illegal and against the weight of material on record. The learned trial Judge has not appreciated the evidence in legal manner, she has ignored the non examination of independent witness Chaman. According to him, the prosecution witnesses of the facts are interested and inimical.The eye witness account is in contradiction with the medical evidence. The prosecution evidence is unreliable. The prosecution could not prove the charges against the present appellants and they deserve to be acquitted.;