STATE OF RAJASTHAN Vs. SUKHIBAI

JUDGEMENT

(1.) The respondent, Sukhibai, along with one Lal Chand faced trial for offences punishable under Sections 302 and 120-B read with Sec. 34 and Sec. 201 of the Indian Penal Code (for short "IPC) before the learned Additional Sessions Judge, Bali, in Sessions Case No. 40 of 1986 who on the basis of circumstantial evidence brought on record found both the accused persons guilty and sentenced them to life imprisonment and to pay a fine of 5000.00 each and, in default of payment of fine, to suffer further rigorous imprisonment for a period of two years for the offence under Sec. 302 Penal Code and for offence under Sec. 201 Penal Code he sentenced them to one year rigorous imprisonment each and to pay a fine of 5000.00 with a default clause. Both the sentences were directed to run concurrently.

(2.) Being aggrieved by the aforesaid judgment of conviction and order of sentence Lal Chand and Sukhibai preferred Criminal Appeal No. 78 of 1988 in the High Court of Rajasthan and the High Court, re-appreciating the evidence on record, came to hold that the circumstances which had been placed reliance upon by the learned trial Judge were really not such circumstances which could lead to the conclusion that the guilt of the accused persons stood established. Being of this view, a judgment of acquittal was recorded by the High Court.

(3.) We have heard Ms. Sonia Mathur, learned counsel for the appellant, and Mr. Sanjay Jha, learned counsel for the respondent.