DILIP KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the accused appellant as well as the learned Public Prosecutor and perused the record.

(2.) LEARNED counsel for the accused appellant has submitted that the present one is a case of no evidence. The circumstances which have been relied upon by the learned trial court do not complete the chain. Learned counsel for the appellant submits that the evidence of last seen in this case is wholly unreliable. In the instant case initially the report was first lodged by the son of the deceased PW-18 Tulsi Ram. It was contended that so far as the son of the deceased is concerned, PW-18 Tulsi Ram has stated that the deceased was going with the accused to Bheem for looking for a bride for her son. It was submitted that Tulsi Ram PW-18 did not disclose this fact at the very initial stage when he lodged the Missing Person Report on 11.7.2009, nor even when the dead body was recovered on 12.7.2009. For the first time, this fact has been disclosed by the witness on 20.7.2009, which makes the story of the prosecution regarding last seen, doubtful.