HEMANT KUMAR MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties on D.B. Suspension of Sentence (Appeals) No.654/2021 and 538/2021.

(2.) Learned counsel for accused-appellants have submitted that the trial court has grossly erred in convicting and sentencing the appellants vide impugned judgment dtd. 24/3/2021. It is further submitted that there is no iota of evidence available on record to connect the appellants with the commission of crime. It has been argued that though the so called eye witnesses PW-11 and PW-12 have named the appellants but the Investigating Officer PW-31 (Kaptan Singh) in his evidence has specifically admitted that the accused-appellants were not known to the PW-11 and PW-12. The Investigating Officer PW-31 in his statement has also specifically stated that the appellants were not in connection with the deceased or his wife co-accused Heera Devi by any means such as mobile etc. and has also stated that the accused-appellants had no enmity with the deceased.

(3.) Learned counsel have, therefore, argued that when so called two eye witnesses PW-11 and PW-12 were not knowing the identity of appellants and in the absence of evidence of this fact that at any point of time before the incident the accused appellants have joined co-accused Ratan Lal the conviction of the accused-appellants is based on surmises and conjecture.