JUDGMENT :

Amarnath Goud, J.

This appeal is directed against the judgment and order of conviction and sentence dated 28.08.2023 and sentence dated 30.08.2023 delivered by Learned Sessions Judge, Gomati District, Udaipur in connection with S.T.39 of 2021. By the said judgment and order of conviction and sentence Learned Trial Court found the appellant to be guilty punishable under Section 307/341 of IPC and sentenced him to suffer RI for 10 years and fine of Rs.10,000/- in default to suffer further RI for three months under Section 307 of IPC and under Section 351 of IPC . The convict was sentenced to RI for fifteen days and to pay a fine of Rs.200/- in default to suffer further RI for one day and it was further ordered that both the sentences shall run concurrently.

2. Heard Learned Counsel Mr. A. K. Pal appearing for the appellant and also heard Learned P.P. Mr. Raju Datta appearing for the State. In course of hearing Learned counsel appearing for the appellant fairly submitted that in this case Learned Trial Court below has failed to appreciate the evidence on record properly and furthermore there is no independent eye witness of the alleged occurrence of offence excepting the evide