STATE OF RAJASTHAN Vs. ABDUL JABBAR

JUDGEMENT

(1.) The State of Rajasthan is in appeal against the judgment of acquittal dtd. 14/8/1991 passed in Sessions Case No.94/1988.

(2.) Salim who is the informant of FIR No.49/88 registered at Police Station, Sadar Kotwali, Jodhpur has filed D.B. Criminal Revision No.17/1992 against the aforesaid judgment of acquittal of Abdul Jabbar.

(3.) The prosecution case that the accused caused death of Hanifa by assaulting her with fists was not found proved in course of the trial. Dr. Jagdish Jugtawat who was examined as P.W.-10 observed a minor injury over forehead of Hanifa and no other external injury was detected over her dead body. The Sessions Court in its judgment dtd. 14/8/1991 referred to Modi on "A Text book of Medical Jurisprudence and Toxicology" (20th Edition) to render its opinion that rupture of spleen can occur only if the victim is hit with considerable force sufficient to break the ribs but no such evidence was brought on record. The learned trial Judge referred to the evidence of the witnesses, more particularly, P.W.-1 Salim Kamruddin, P.W.-11 Mohammad Yusuf and held that these witnesses did not tender such evidence in support of the prosecution story that Abdul Jabbar caused death of Hanifa with fist blows and therefore the prosecution case was not proved.