BALWANT SHAH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant appeals impugn the judgment dated Dec. 12, 1999 of 1 the learned Special Judge (Communal Riots/Man Singh Murder Case) Jaipur whereby the appellant has been convicted and sentenced as under:- <FRM>JUDGEMENT_64_LAWS(RAJ)1_2004_1.html</FRM> Sentences were ordered to run concurrently.

(2.) As per the prosecution case a written report (Ex.P-30) was lodged at Police Station Maiviya Nagar, Jaipur on Sept. 10, 1993 by informant Karma Nidup stating therein that in the evening at 7.30 PM he went to girls hostel to meet his wife Chodan Dorgi and they were walking along the road behind the girls hostel. About 200 meters from the girls hostel three man attacked on them, on the point of knife they took the informant and his wife in jungle and made to sit them near the boundary wall. They took his watch, money and student ID card. During the course of questions he was hit on the lace several times. His hand was placed between stones and was hit with another stone. Thereafter Chodan was taken by one assailant into the jungle and he was left with other two assailants. The informant took chance by hitting one assailant with the stone pushed another into the bushes and called his wife but he could not near anything. The third assailant shouted about his escaping, then he part hack for help as the assailants said that they wanted to kill him and spare the girl after making her blind. On arrival of the police and other students to the spot she was found injured and unconscious. Later at SW hospital she was declared dead. On the basis of such information, a case under Sections 341, 323, 302, 394 Penal Code and 4/25 Arms Act was registered and investigation commenced. On completion of investigation charge sheet was hied and in due course the case came up for trial before the learned Special Judge (Communal Riots/Mansingh Murder Case) Jaipur. Charge under Sections 302/34, 394/34, 341 and 323/34 Penal Code was framed against the accused who denied the charge and claimed trial. Accused Hari Narayan and Chiranji Lal died during the pendency of trial and proceedings against them got dropped. As many as 19 witnesses were examined by the prosecution in support of its case. In the explanation under Sec. 313 Crimial P.C. the appellant claimed innocence. However, no defence evidence was adduced. On hearing final submission the learned trial Judge convicted and sentenced the appellant as indicated herein above.

(3.) Mr. M.C. Jain learned counsel for the appellant vehemently canvassed that Karma Nidup who did not identify the appellant in the Identification Parade was deliberately withheld by the prosecution. The evidence collected against the appellant is not sufficient to establish the c- Inge under Sections 302/34 and 394 IPC.