PREM NATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 26.2.1999 passed in Sessions Case No. 64/97, convicting the accused-appellant under section 302, IPC and sentencing to life imprisonment along with fine of 1,000/-, in default of payment whereof to further undergo 3 months' simple imprisonment.

(2.) The charges against the accused-appellant are that in the intervening night of 29/30.8.1997, in the temple of Bhimeshwar Mahadev situated near Bhinmal township, he committed murder of Kishan Nath Sadhu. Upon pleading not guilty and claiming trial, prosecution examined 10 witnesses and exhibited 18 documents in support thereof. In the statements under section 313, Cr.P.C., accused has denied all the averments incriminating him and specifically pleaded that Kishan Nath was killed by Suresh Kumar along with 2-3 other persons and he has been impleaded false. No evidence in defence was produced. Thereafter, the learned trial Court, after thread bare discussion of the evidence, convicted and sentenced him as aforestated.

(3.) Learned amicus curiae took us through the evidence available on the file and submitted that there is no eye-witness to the occurrence and conviction has been based on circumstantial evidence. Neither both the circumstances have been proved nor chain of circumstances are such which will implicate the accused in the offence beyond reasonable doubt. On the contrary, learned Public Prosecutor has supported the impugned judgment.