ABDUL SALAM ALIAS SALIM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated July 21, 1981 of Sessions Judge, Jaipur District Jaipur, whereby the appellant was convicted under Sec. 302 Penal Code and sentenced to life imprisonment.

(2.) Initially, appellant Abdul Salam and two other co-accused namely, Abdul Latif and Rashid Hussain alias Munna were put on trial in the Court of learned Sessions under section 302 Penal Code or in the alternate 302/34 IPC. The charge against them was of committing murder of Shahji, The learned Sessions Judge acquitted the co-accused Abdul Latif alias Gaccha and Rashid Hussain alias Munna, but convicted and sentenced the appellant as aforesaid. There is no direct evidence to connect the accused with the crime. The prosecution case hinges on circumstantial evidence. The prosecution relied on the following circumstances against the appellant:

(3.) The learned Sessions Judge did not believe the prosecution case so far the evidence of last seen, the recovery of Chaddi and recovery of a piece of a rope is concerned. For the recovery of a country made pistol and cartridges, the learned Sessions Judge observed that the said recovery has no link with the murder. However, placing reliance on two circumstances namely; the recovery of a piece of pant (Article-6) and the recovery of a knife, the appellant was convicted under section 302 Penal Code for committing murder of Shahji. The learned counsel appearing for the appellant contended that as per prosecution case the incident had taken place 25 Kms. away from Jaipur at a place known as 'Nakki- Ghati'. It was also contended that motbir-witness of the recovery namely, PW 7 Chhutan Khan and PW 10 Munna have not supported the recovery. Counsel also contended that the recovery is said to have been made on 14.6.80 at 10.45 p.m. outside Gangapole Gate in Jaipur and that too from an open place and as such the recovery is highly doubtful. It was also contended that the recovery is of a piece of pant and there is no evidence that the deceased was wearing this pant on the day of incident.