SHANKER LAL S/O SHRI BHERU, BY CASTE NAIK, RESIDENT OF VILLAGE KHAJURIYA KHEDA, POLICE STATION RASHMI, DISTRICT CHITTORGARH Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) Validity of judgment dated 02.03.1989 passed by Additional Sessions Judge, Chittorgarh convicting the appellant accused under Section 302 IPC in Session Case No.13/1988 has been challenged by this criminal appeal.

(2.) Brief facts relating to the crime reveals that on 29.09.1987 Nathu S/o Chuna Teli, informed orally vide Ex.P/1 that, ...[VERNACULAR TEXT OMITTED]... this FIR was lodged on 29.09.1987 under Section 302 IPC and after due investigation, appellant-accused was charge-sheeted and was subsequently tried, the prosecution produced 13 witnesses and got 18 documentary evidence exhibits, there was no eyewitness and the case basically hinged upon circumstantial evidence, which was culminated with the findings aforesaid.3.

(3.) While addressing submissions, learned counsel for the appellant has contended that the findings of learned trial court are wrong perverse and so are not sustainable because there is no evidence against the appellant-accused, theory of last seen together, baselessly invented has also not been relied upon by the trial court and recovery of alleged silver karas were also not made. Appellant-accused has wrongly been convicted on the basis of alleged recovery of certain axe, which too has not been established. Placing reliance on the judgment in Vijay Shankar v. State of Haryana [2015 Cr.L.J. 4774] , learned counsel for the appellant has argued that sheer recovery could not be basis for the conviction. Moreover, said recovery has allegedly been made after an elapsement of more than a month from the date of the alleged offence, so, the findings of the learned trial court are not worthy to be sustained and are liable to be set aside, so appeal be accepted and impugn judgment be quashed. Conversely, learned Public Prosecutor has contended that nothing wrong has been concluded by the learned trial court in its findings because the appellant-accused has been convicted on the basis of recovery of blood-stained kulhari (axe), which was recovered on his instance of the accused appellant and human blood was found on it the appellant-accused was found roaming near the spot of occurrence, so there is no flaw in the impugned verdict, which is liable to be sustained, hence, the appeal be disallowed and the sentence and findings of guilt be upheld.