FATTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgement dated July 28/30,1977, passed by the Sessions Judge, Jalore, by which the learned Sessions Judge convicted and sentenced the accused-appellant for the offence under section 302 I. P. C.

(2.) THE incident, which led to the prosecution of the accused- appellant Fatta, took place on May 19, 1977, when Smt. Bhiki W/o accused Fatta, was murdered. THE report of the incident was lodged at Police Station, Jalore, by one Poona Ram-the uncle of deceased Smt. Bhiki, on May 19,1977 at 10. 30 p. m. After presentation of the challan, the accused was tried by the learned Sessions Judge, Jalore.

(3.) THE other circumstance, relied upon by the learned lower Court, is regarding the motive. No witness has given any statement before the Court on the alleged motive. THE alleged motive only finds mention in the First Information Report wherein PW 9 Poona Ram has stated that the accused-appellant had a doubt regarding the character of the deceased. THE First Information Report, though it is the first version given by the prosecution but it is not a substantive piece of evidence and no conviction can be based on the averments made in the First Information Report. As the prosecution has not led any evidence with regard to the motive and, therefore, the learned Sessions Judge was* not right in placing reliance over the motive.