SAMPAT LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties on suspension of sentence application and carefully scrutinizing the record of the case.

(2.) Learned counsel for the applicant-appellant has submitted that the Additional Sessions Judge (Women Atrocities Cases), Bhilwara (hereinafter to be referred as 'the trial court') has grossly erred in convicting and sentencing the applicant-appellant for the offences punishable under Ss. 498-A, 302 and 201 IPC vide judgment dtd. 5/8/2021. It is argued that no direct evidence is available on record against the applicant-appellant, however, though, the trial court has relied upon the so called circumstantial evidence but close scrutiny of the said evidence, clearly reveals that the same is not enough to prove the guilt of the applicant-appellant.

(3.) Learned counsel for the applicant-appellant has submitted that though, the trial court has relied upon the so called recovery of one kassi , weapon used in committing murder, but the same is not blood stained and is also recovered after so many days of the incident. It is also submitted that so far as the evidence of last scene is concerned, the same is not reliable as the applicant-appellant being husband of the deceased is suppose to live with the deceased in his house only.