NARAYAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PRESENT appeal was filed by the appellant through Jail. We have been very ably assisted by Shri Mahendra Shandilya, learned Amicus Curiae appointed by coordinate Bench on 7.8.2006.

(2.) IN the present case, all witnesses have turned hostile. Nobody has supported the prosecution case. The entire prosecution case rests on the FIR (Ex.P.21). But author of the FIR Ramlal (P.W.1) in court has denied that he had witnessed the occurrence. There is also no evidence available on the file that the appellant on the day of occurrence was present at his house. Therefore, due to lack of evidence we are constrained to accept the present appeal. Before we do so, it would be apposite for us to narrate facts of the case.

(3.) ON 27.10.2005 at 8.15 PM, Ramlal (P.W.1) presented written report (Ex.P.13) before Mohanlal (P.W.13) who was then posted as SHO, Police Station Raipur. The written report (Ex.P.13) when translated into English, reads as under: -