MURLI ALIAS DENNY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant Shri Murli alias Denny is convicted under S. 302, IPC and sentenced to imprisonment for life. The prosecution case is as follows:-

(2.) The prosecution mainly relied on the evidence of P.Ws. 1, 2, 3 and 7 to whom the accused is alleged to have made an extra judicial confession. P.W-l had turned hostile. P.Ws. 2, 3 and 7 merely stated that the accused in an agitated mood was seen going with blood-stained weapon. He also told them that he had finished the deceased. These witnesses did not, however, give the actual words alleged to have been stated in the confession, by the accused. The trial court, as well as the High Court, relying on the circumstantial evidence, particularly, on the conduct of the accused in going to the police station with blood-stained weapon and the other circumstances which are in the nature of 'Res gestae' and finding the dead body immediately pursuant to the information given by the accused held that the accused was guilty of the murder and accordingly convicted him. At this juncture, it is necessary to refer one of the submissions made before the courts below.

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