CHUNIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal jail appeal has been filed against the judgment of the learned Additional District and Sessions Judge, Rajsamand dated 30.11.1981 in Sessions Case No. 20/81, whereby the accused Chunia and Smt. Amri were convicted and sentenced as follows: <FRM>JUDGEMENT_143_LAWS(RAJ)5_2002_1.html</FRM>

(2.) We have herd Mr. Manish Shishodia, learned counsel for the appellant and Mr. Gopi Kishan Vyas, learned Public Prosecutor.

(3.) It was argued by the learned counsel for the appellant that the incriminating circumstances available against the accused have not been proved beyond doubt. The learned trial Court itself has dis-believed the evidence of the accused being last been with the deceased Mst. Bhoori. It was further argued that the recovery of ornaments cannot be believed to base conviction as the ornaments have not been recovered in the original shape and converted into "Dhalis" have been recovered. No identification parade could be arranged to connect the accused with the recovery of ornaments belonging to the deceased. The circumstance of the recovery of the dead body relied by the trial Court has also not been proved beyond doubt. Therefore, the appeal may be accepted and the conviction and sentence passed against the appellant may be set aside.