STATE OF RAJASTHAN Vs. HANUMAN

JUDGEMENT

(1.) The instant appeal has been preferred by the State of Rajasthan for assailing by the judgment dtd. 15/5/2015 rendered by the Division Bench of the High Court of Rajasthan in Criminal Appeal No. 788 of 2009 whereby the High Court, accepted the appeal preferred by the respondent herein and acquitted him while setting aside the judgment dtd. 10/12/2008 passed by the Additional Sessions Judge No. 1, Fast Track, Kota (hereinafter being referred to as the 'trial Court') in Sessions Case No. 63 of 2007.

(2.) The trial Court had convicted the respondent for the offence punishable under Sec. 302 of the Indian Penal Code, 1860 and sentenced him to undergo life imprisonment and pay a fine of Rs.100.00, in default of payment of fine, to further undergo 3 months simple imprisonment.

(3.) The respondent was charged for the murder of one Chotu Lal which took place on the intervening night of 1/3/2007 and 2/3/2007. The FIR No. 37 of 2007 was filed against unknown assailants. The respondent was arraigned in the case on the basis of suspicion and circumstantial evidence. The prosecution led circumstantial evidence in the form of motive alleging the respondent was having an evil eye on the wife of the deceased; recovery of the weapon of offence and the FSL report indicating that the blood group on the weapon matched with the blood group of the deceased (B +ve).