Full Judgment Text
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PETITIONER:
MST.HARKORI
Vs.
RESPONDENT:
STATE OF RAJASTHAN
DATE OF JUDGMENT: 09/12/1997
BENCH:
G.T. NANAVATI, G.R. PATTANAIK
ACT:
HEADNOTE:
JUDGMENT:
J U D G M E N T
Nanavati,J.
In view of the consistent evidence of PWs 1 and 2 it
was not possible for the learned counsel for the appellant
to submit that the view taken by the High Court is
unreasonable justifying for interference by this Court.
Moreover, when leave was applied for by all the three
convicted accused for filing an appeal, this Court did not
grant leave to two. The findings recorded against them are
now to be regarded as final. It would not be proper now to
hold that evidence of PWs 1 and 2 ought not to have been
believed. In view of this believed, the learned counsel did
not seriously challenge the findings recorded by the High
Court. Once the evidence of PWs 1 and 2 is believed, the
conviction of appellant will have to be confirmed. We,
therefore, dismiss this appeal.
The learned counsel for the appellant however,
submitted that now there is no one in the family of the
appellant to look after the daughter of the deceased, i.e.
her own grand-daughter, as both her sons are in jail,
undergoing the sentence imposed upon them in this case. He,
therefore, submitted that the appellant may be given
sufficient time to surrender so that she can make necessary
arrangements for her grand-daughter. In view of the peculiar
facts of this case, though we are dismissing her appeal, we
grant six months time to her to surrender to custody to
serve out the remaining sentence.