STATE OF RAJASTHAN Vs. HAKAM SINGH

JUDGEMENT

(1.) Vide judgment dated 14th December, 2005, the Division Bench of the High Court of Judicature for Rajasthan at Jodhpur, set aside the judgment of the Trial Court dated 27th March, 2003, convicting Hakam Singh of an offence punishable under Section 302 IPC and awarding him the sentence to undergo imprisonment for life and to pay a fine of Rs. 5,000/-, in default of payment to undergo three months rigorous imprisonment. Aggrieved from the order of acquittal, the State has preferred the present appeal.

(2.) We have perused the evidence and gone through the well reasoned detailed judgment of the High Court. It is clear from the bare reading of the High Court judgment that the involvement of Hakam Singh in killing the deceased is not doubtful, but is improbable seen from any angle. The version given by the witnesses does not support the view that had been taken by the Trial Court. Furthermore, the High Court in paragraphs 19 and 22 of the judgment has recorded the following findings:

(3.) Once there is no motive and the accused himself had taken the deceased to the hospital, shows that he had no intention to commit a crime, much less to give a gun shot, which would inevitably result in the death of deceased. It is a settled principle of law that this Court would interfere with the judgment of acquittal only if the judgment was perverse or was contrary to the evidence on record. We are unable to see any of these ingredients in the judgment under appeal.