LALOO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 14th April, 1980, passed by the learned Sessions Judge, Udaipur. The learned Judge by that judgment convicted the appellant for the offences under Sections 302 and 394 I. P. C. and sentenced him to imprisonment for life on the first count and imprisonment for seven years and a fine of Rs. 250/- in default of payment of fine to undergo one year's rigorous imprisonment on the second count with an order that the substantive sentences awarded for both the counts shall run concurrently.

(2.) BRIEFLY stated that facts of the case giving rise to the trial and conviction of the appellant in the present appeal are as under;

(3.) AT the very outset, it may be observed that there is no direct evidence to the occurrence, though the first information report names certain persons as the witnesses of the actual occurrence. The prosecution case rests on the circumstantial evidence. Circumstances are as under ; (1) Witnesses Smt Navli, Ranga, Rama and Soma saw Laloo running away after the incident. (2) The oral dying declaration of Smt. Nathi before Navli. Ranga, Rama, Soma that Laloo and one more person injured her and took away her ornaments. (3) Recovery of Chhuri in pursuance of the information furnished by the appellant. (4) Recovery of one Baliya from Chhabildas and a Baliya and a pair of Kadas from Rajendra in pursuance of the information furnished by the appellant.