STATE OF RAJASTHAN Vs. RAHIMUDDIN

JUDGEMENT

(1.) The State has filed this appeal against judgment of acquittal dtd. 6/10/1997.

(2.) The case set up by the prosecution is that on 4/1/1994 upon receiving an information of a dead body lying near Stock Exchange on JLN Marg, Jaipur, the FIR was registered and body recovered. The body was of 15-16 year old boy whose neck was slitted. The deceased was identified as Sitaram s/o Ramphool Meena of Chaksu (hereinafter referred to as 'deceased'). On basis of the statement recorded during investigation respondent was nominated as accused and charge-sheet was filed under Sec. 302, 201 and 379 IPC. In a statement under Sec. 313 Cr.PC, the accused stated it to be a case of false implication. The prosecution to prove its case, examined fifteen witnesses and produced 41 exhibits. The trial court considering that it was not proved that the accused was last seen with the dead body of deceased and the recoveries made at the instance of the accused could not be co-related to the deceased, the impugned judgment was passed.

(3.) Learned counsel for the State submits that PW-11-Sehja Singh identified the accused in the identification parade as well as in the court during the trial. PW-3 Rajendra Singh identified the accused in the court proceedings. The argument is that PW-10 Mahaveer Singh had also identified accused in the identification parade. The recovery made at the instance of the accused of blood stained clothes, knife proved the case of the prosecution. Contention is that the blood stained chappal of the deceased and blood-stained earth collected from spot had human blood.