LAKHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the applicant and learned Public Prosecutor and perused the record.

(2.) The learned counsel for the applicant submits that the applicant has been convicted and sentenced in this case essentially on suspicion and without any cogent evidence to connect him for the offence under Section 304-B IPC. It is further submitted that there has been major contradictions as also major improvements in the version as put forward by PW-2 Roop Wati and PW-4 Raghuveer Singh and hence, it is but apparent that the prosecution has come forward with rather exaggerated allegations. The learned counsel has also referred to the statement of PW-1 Om Veer Singh, father of the deceased, and submitted that even the allegations of his having given money to the applicant and his family members turns out to be an improvement from his earlier versions; and such improvement is also replete with several inconsistencies. The learned counsel for the applicant also submitted that the learned Trial Court has proceeded to convict the applicant either on assumptions or on irrelevant considerations like the alleged unproved allegations of illicit relations of the applicant with his Bhabhi. In any case, according to the learned counsel, when the applicant is already behind the bars for about six and half years and hearing of this appeal likely to take longer time, no useful purpose would be served by his detention further.

(3.) The learned Public Prosecutor, on the other hand, has opposed this SoS application with reference to the findings of the learned Trial Court.