JUDGEMENT
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(1.)Appellant Sampat Singh stands convicted under Section 302 IPC and sentenced to undergo imprisonment for life, by the Additional Sessions Judge, Shadol (Camp Vyohari) in Sessions Trial No.16/89 on 23rd of October, 1989.
(2.)The facts, briefly stated, are as under:
Deceased Ramkaran was the brother of Harilal (PW1). On 31.10.88 at about 7.30 a.m., the deceased was working in his field. Harilal (PW1) was also working in his field near the field of the deceased which was at a distance of 100-125 yards. He heard the cries of deceased, reached to his field and saw that the deceased was being assaulted by a tangia. According to the First Information Report (Ex.P1), promptly lodged by Harilal at about 11.55 a.m. on the same day, it was Dauwa (PW9) who has committed the murder of the deceased. Harilal categorically mentioned in the FIR that he saw that his brother was lying on the field and Dauwa was assaulting his brother by lathi. During the course of investigation, statement of Dauwa (Ex.D2) was recorded. He claimed to be the eyewitness of the incident and stated that, in fact, the deceased was assaulted by appellant Sampat Singh. The police after completion of investigation exonerated Dauwa (PW9) and filed the charge-sheet against appellant Sampat Singh. The case of the prosecution was based on the testimonies of 2 eye-witnesses namely Harilal (PW1) and Dauwa (PW9).The learned Sessions Judge believed the testimonies of these eye-witnesses and held that it was the appellant who committed the murder of deceased Ramkaran on 31.10.88.
(3.)Ms. Sudha Agrawal, learned counsel appearing on behalf of the appellant, has not disputed the homicidal death of the deceased. She argued that the version of both the eye-witnesses were unreliable; the initial case of prosecution was that the deceased was assaulted by Dauwa (PW9); however, for the reasons best known to the prosecution, Dauwa was exonerated and on the strength of evidence of Dauwa (PW9), the appellant has been convicted.
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