BANWARI LAL SHARMA,J. - (1.) By this appeal, a challenge has been made to the judgment dated 10th July, 2018 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Tonk (Rajasthan) in Session Case No.09/2012, whereby, the accused-appellant has been convicted and sentenced as under : "For offence under Section 323 IPC - six months' simple imprisonment. For offence under Section 302 IPC - Life imprisonment with fine of Rs.5000/-. In case of default in payment of fine, to further undergo, one month's rigorous imprisonment. For offence under Section 3(2)(V) of SC/ST (Prevention of Atrocities) Act - Life imprisonment with fine of Rs.5000/-. In case of default in payment of fine, to further undergo, one month's rigorous imprisonment."
(2.) Learned counsel for the accused-appellant submits that no motive has been shown by the prosecution for the occurrence at the instance of the accused-appellant. It is also that PW - 1 Babu Lal and PW - 7 Rajendra Kumar were planted by the prosecution otherwise, PW - 1 Babu Lal is not a witness for last seen and even the statement of PW - 7 Rajendra Kumar, projecting himself to be an eye-witness, is untrustworthy.
(3.) A reference of the statement of PW - 28 Rewar Mal has been given. In the cross-examination, he has not shown presence of PW - 1 Babu Lal at the time of the occurrence. In view of the above, the prosecution could not bring chain of evidence to connect the accused-appellant with the crime. If the statement of PW - 7 Rajendra Kumar is discarded, it becomes a case of circumstantial evidence.;