NATHU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) REPORTABLE : The present criminal appeal under Sec. 374(2) of Code of Criminal Procedure has been filed challenging the judgment dtd. 22/1/1997, whereby the learned Sessions Judge, Merta City in Sessions Case No.10/95 has convicted and sentenced the appellant as under:- <IMG>JUDGEMENT_174_LAWS(RAJ)5_2024_1.jpg</IMG>

(2.) Mr. Kumbhat, learned counsel for the appellant firstly read the FIR that was registered pursuant to written report lodged by Babuda (PW-11) and apprised the Court about the case projected by the prosecution. Having read the FIR, learned counsel submitted that the appellant has been convicted essentially on the basis of testimony of Babuda (PW-11) and the fact that an axe was recovered from possession of appellant.

(3.) Inviting Court's attention towards FSL report, learned counsel underscored that though human blood was found on the axe but said report remained inconclusive so far as blood group is concerned. According to him, human blood of any person can be applied on the axe at any time.