NIZAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) TWO accused appellants namely Nizam a Shafique have been held guilty of the offence punishable under Sections 302 & 201 IPC by the Additional Sessions Judge, (Fast Track) No. 2, Dholpur in Sessions Case No. 213/2001 and each of the accused appellants has been sentenced as under:- Under Section 302 IPC :-Life imprisonment and a fine of Rs. 2,000/-, in default of payment of fine, six months imprisonment. Under Section 201 IPC :-TWO years rigorous imprisonment and a fine of Rs. 500/-, in default of payment of fine, one month imprisonment. The sentences were ordered to run concurrently.

(2.) A written report (Ex. P1) was submitted by informant Shahjad (PW4) at Police Station Maniya, District Dholpur on 26. 1. 2001 at 4 pm with the averments that one Koke Singh (PW13) came to him with the oral information that at about 3 PM he (PW13) went to his (informant) agricultural field to have the fodder (Karab) he saw one dead body lying under the fodder (Karab) whose neck and penis were tied with a string (rassi) with blood oozing out from his nostrils.

(3.) IT has been consistently laid down by the Hon'ble Apex Court that in order to base conviction on circumstantial evidence each of the incriminating piece of circumstantial evidence should be proved by cogent and reliable evidence and the court should be satisfied that the proved pieces of circumstantial evidence taken together form a complete chain wherefrom to inference other than of guilt against the accused persons can be drawn or in other words proved pieces of circumstances should be of conclusive nature and tendency and they should be such as to exclude hypothesis but the one proposed to be proved.