JESSA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 27. 5. 76 passed by the learned Addl. Sessions Judge, Jalore. By that judgment, the learned Judge convicted the appellant Jessa and Kaliya for offences under section 302, 392, 201 read with section 34 I. P. C. They were each sentenced to imprisonment for life and a fine of Rs 1000/- in default to undergo six month's rigorous imprisonment on the first count, five years' rigorous imprisonment and a fine of Rs 500/-, in default to undergo three months' rigorous imprisonment on the second court and three year's rigorous imprisonment and a fine of Rs. 500/-, in default to undergo three months' rigorous imprisonment on the third count with a further order that the substantive sentences awarded to both the appellants for all the offences shall run concurrently.

(2.) BRIEFLY stated the facts of the case giving rise to this appeal are as under-

(3.) AT the very outset, it may be observed that the prosecution case solely rests on the circumstantial evidence. Mr. N. N. Mathur, learned counsel for the appellants strenuously contended that the only evidence against the appellants is their being last seen with the deceased on 3 6 75. Regarding the circumstance of recovery of the dead body in pursuance of the information of the appellant Jessa from buthiya well, the submission is that the well was at a place where all and sundry could have gone and if the dead body had remained in that well for three days, it could not have missed the sight of the persons, who might have passed that way during that period. Regarding the recovery of the murkis, it has been argued that the public tube well was at an open place and as that place was accessible to all and the recovery loses its importance.