SUNIL @ SONA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY judgment impugned dated 18.12.2008 learned Additional Sessions Judge (Fast Track) No.1, Pali recorded conviction of accused Sunil @ Sona for the offence punishable under Section 302 Indian Penal Code and awarded sentence for life term with fine. The accused is also convicted and sentenced for an offence punishable under Section 201 Indian Penal Code.

(2.) WHILE challenging the conviction recorded and sentence awarded the argument advanced is that the trial court failed to appreciate that the circumstances on which the prosecution relied do not form a complete chain of events that would be sufficient to arrive at a definite conclusion about involvement of the appellant in the crime in question.

(3.) THE factual background necessary to be noticed for adjudication of this appeal is that on receiving a telephonic information in the morning of 27.1.2008 a team of police from police station Sendara proceeded and reached at the spot where an unknown dead body was lying. A written report (Ex.P/10) then was given by one Shri Dayal Singh (PW -7) with assertion that in the morning at about 08:00 AM when he was going to Beawar from Sendara riding on his motorcycle, three or four children standing close to Government well near National Highway 14 stopped him and stated that a dead body was lying near well. He found a headless body there with 4 -5 stab wounds.