- (1.) This Jail Appeal was filed accused-appellant Dev Karan against the judgment dated 08.02.2007 in Sessions Case No. 27/2005 titled as State of Rajasthan v. Dev Karan which was passed by the court of Additional Sessions Judge, Rajgarh District Churu. By the impugned judgment, the accused-appellant Dev Karan was convicted and sentenced for the offences punishable under sections 302 and 452, IPC as under:- 1. Section 302, IPC Life imprisonment with a fine of Rs. 5000/- and in default of payment of fine further to undergo five months additional SI. 2. Section 452, IPC Five years RI with a fine of Rs. 1000/- and in default of payment of fine further to undergo one months additional SI.
(2.) Both the substantive sentences were ordered to run concurrently by the trial court.
(3.) In this appeal, the learned counsel for the accused-appellant has argued that only on the basis of evidence of relatives and interested witnesses, the accused-appellant was convicted for a major charge of murder and criminal tress-pass. It has further been argued by him that looking to the evidence of relative witnesses, benefit of doubt could have and should have been given to the accused-appellant by the trial court. In result, the accused-appellant prays for acquittal from the charges of sections 452 and 302, IPC in this apepal.;