GOPAL LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 21. 06. 1996 passed by the Additional District and Sessions Judge No. 2, Chittorgarh convicting the appellant for offence under Section 302 IPC and sentenced to imprisonment for life and to pay a fine of Rs. 1,000/- and in default of payment to further undergo six months rigorous imprisonment.

(2.) BRIEFLY stated the facts are as follows:

(3.) IT is contended by Shri D. S. Shishodia, Senior Advocate appearing for the appellant that the learned trial Court has viewed the entire case from a wrong approa- ch. IT is also submitted that the learned Judge has failed to consider defence version in right perspective. IT is submitted that evidence of recovery is an inadmissible eviden- ce and as such it cannot be considered as an incriminating circumstances. On the other hand, learned Public Prosecutor has supported the judgment of the trial Court.