G.R.MOOLCHANDANI,J. - (1.) Validity of judgment dated 04.04.2006 passed by learned Additional Sessions Judge, Fast Track, Nagaur in Session Case No.1/2006 has been challenged by which appellant has been convicted under Section 302 I.P.C. to life imprisonment with a fine of Rs. 5000/- in default of which a sentence of three months' rigorous imprisonment has also been ordained.
(2.) The version of First Information Report Ex. P/19, reads as under:- ...[VERNACULAR TEXT OMITTED]... and this FIR was registered under Sections 147, 302 of I.P.C. on 01.09.2005 at 8.40 a.m., after due investigation, charge-sheet was filed against the appellant and post framing of charge under Section 302 I.P.C., prosecution produced eighteen witnesses and got exhibited thirty documentary exhibits, and after recording of statements of accused under Section 313 Cr.P.C., two witnesses, namely, DW-1 Rameshwar Lal and DW-2 Bhagwana Ram were examined by the appellant-accused and seventeen documents were also produced and got exhibited. The learned trial court, after examining and appreciating entire evidence, convicted the appellant-accused with the aforesaid sentence.
(3.) Heard submissions of both the sides, learned counsel for the appellant-accused has contended that learned trial court has committed error in passing the impugned judgment and evidence adduced has not properly been evaluated and prosecution has failed to produce positive evidence, despite the learned trial court has felt in error by passing the impugned judgment convicting the appellant-accused. While referring several recitals of the evidence, learned counsel has said that the alleged injuries cannot be attributed to have been caused by the appellant-accused and benefit of doubt had to be extended and has further contended to allow the appeal and has submitted that after setting aside the impugned judgment, the appellant-accused be released. Contrariwise, learned Public Prosecutor has contended that trial court has not committed any flaw in passing the impugned judgment because there are several eye-witnesses, who have corroborated the incident and the prosecution has succeeded in establishing its case beyond the realms of suspicion, nothing wrong or infirmity is there in the impugned judgment, which is liable to be confirmed since appeal does not have got any force.;