CHHOTU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Chhotu Singh, the appellant before us, and one Smt. Phooski were tried by the Sessions Judge, Churu for the murder of Prabhu Ram, husband of Phooski, and for concealing his dead body in a pit dug on their land. The trial ended in conviction of both of them under Sections 302 and 201 of the Indian Penal Code. Aggrieved thereby they preferred an appeal "which was dismissed by the High Court. The above order of the High Court is under challenge in this appeal at the instance of the appellant.

(2.) In absence of any eye-witness to the murder the prosecution rested its case upon the following circumstances: (i) The appellant had an illicit relationship with Phooski; (ii) the appellant confessed his guilt to hanuman (P. W. 9) , brother of Phooski, in presence of Beg Singh (P. W. 1) and Dhoodh singh (P. W. 2) -, and (iii) pursuant to the statement made by the appellant the dead body of Prabhu Ram was recovered from a pit dug on their land.

(3.) The Sessions Judge held that the prosecution succeeded in proving all the above three circumstances and as, according to the learned Judge, the circumstances unerringly pointed to the guilt of the appellant, held him guilty of the offences against him. The High court, however, found that the prosecution failed to prove the first circumstance alleged against the appellant, but concurring with the other findings of the Sessions Judge upheld his conviction.