BHAJE SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In the instant D.B. Criminal Appeal on the strength of circumstantial evidence, the learned Special Judge, SC/ST Court, Udaipur in Sessions Case No. 69/92 has recorded a finding of guilt against accused-appellant Bhaje Singh for committing homicidal death of Hamer Singh vide judgment dated 4.10.1994 convicting the accused-appellant under Sec. 302, IPC and sentencing him for life imprisonment and a fine of Rs. 200/-, in default of payment of fine to further undergo one months R.I. Learned Special Judge has extended the benefit of set off as contemplated under Sec. 428, Cr. P.C.

(2.) We have heard learned counsel Mr. AK Acharya for the appellant as well as learned Public Prosecutor Mr. V.R Mehta appearing on behalf of the State. We have critically examined the finding of guilt recorded by the learned Special Judge and perused the oral and documentary evidence in detail Tadduced during trial of the case.

(3.) While assailing the finding of guilt recorded by the learned Special Judge, Mr. AK Acharya, learned counsel for the appellant strenuously urged before us that indisputably, there is no eyewitness account or direct evidence to implicate the accused-appellant. According to him, the conviction recorded by the learned Special Judge on the basis of circumstances, is neither fully established nor can be said to be of clinching nature. Thus, according to Mr. Acharya, the circumstances relied upon by the learned Special Judge in the present case, do not lead to a conclusion that the accused-appellant is responsible of homicidal death of deceased Hamer Singh.