STATE OF RAJ. Vs. PEER MOHD.

JUDGEMENT

(1.) By Judgment dated 26.8.2013 in Sessions Case No. 39/11 (16/11), the court of Addl. Sessions Judge, Nagaur had acquitted three accused-persons,namely, (1) Peer Mohd., (2) Ms. Munni Bano and Anwar@Badda from the charges of Sections 302, 201 and 120B of Indian Penal Code and remaining two accused-persons,namely, (1) Shrawan Singh and (2) Barkat had been acquitted from the charge under Section 201 of Indian Penal Code.

(2.) The State of Rajasthan has filed D.B.Criminal Leave to Appeal No. 211/2013 against all the five accused-persons against the said judgment and Nawaji Khan, who is uncle of deceased Samaruddin has filed D.B.Criminal Appeal No. 922/2013 against the said judgment. After perusal of the record of the court below and after hearing the learned Public Prosecutor as well as learned counsel for appellant Nawaji Khan, this Court is of the view that no case for leave to appeal is made out in this case in favour of the State of Rajasthan and D.B.Criminal Appeal filed by the uncle of the deceased is also not meritorious and hence without issuing notice to any of the accusedpersons, that appeal also deserves to be summarily dismissed at this stage only, for the following reasons:-

(3.) So called 'last seen evidence' of PW-5 Abdul Gafar and PW-31 Ali Mohd. has also been duly analyzed by the trial court. PW-5 Abdul Gafar says that he had seen Samruddin wearing the same clothes which were worn by the decomposed dead body. He states that he had seen Samruddin on 12.9.2010 or 13.9.2010. He has not been able to give the correct date. He says that perhaps on 12.9.2010 he had seen Samruddin and Ms. Munni Bano at Harsor crossing. It is pertinent to mention here that the dead body was recovered from the Well on 18.10.2010. This witness, thus cannot be called a witness of last seen evidence. He states that he had started for search of Samruddin on 17.9.2010 and thenafter, perhaps after an interval of 25 days, he had come to know that Ms. Munni, Anwar, Peer Mohd and Barkat had killed Samruddin in conspiracy and they had thrown the dead body in the Well. He says that Pankaj Soni was saying that he had been offered an amount of rupee one lac for killing Samruddin. It is also worth mention here that PW-8 Pankaj Soni has not supported the statement of Abdul Gafar and he has been found to be a hostile witness. Thus, it can be said that so called last seen evidence given by PW-5 Abdul Gafar is meaningless and he has not been able to connect any of the accused-persons with the offence charged.