KHETA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appsal against the judgment of the learned Sessions Judge, Banswara dated 20-7-12 by which he convicted the accused-appellant under Sec. 302, I. P. C. and sentenced him to life imprisonment. The facts of the case giving rise to this appeal may be summarised thus,

(2.) ON 25-1-82, at 11 A. M. , Veeka PW-1 lodged F. I. R. Ex. P 1 in the police station, Kalinjara (Banswara) to the effect that during the last night at about 11 P. M. he along with others had gone to the house of Luna Bhil. There the cries

(3.) THE Investigating Officer, Jahur Ahmed P. W. 15 admits in his cross-examination that Dhulia P. W. 2 is the solitary eye-witness in this case. Now it is to be seen whether the accused-appellant can safely be held guilty of the murder of Hakji on the basis of solitary statement of Dhulia P. W. 2. THE following facts and circumstances leave on doubt that it would he highly unsafe to base conviction of the accused-appellant on his sole testimony :- (1 ). Admittedly, murder of Hakji was committed during the night intervening 24th and 25th January, 1982 corresponding to Mahavadi 14 (Chaudas) and Mahavadi Amavas, Samvat 2039 at about 1 i P. M. THEre was no moon light at that time of the night. It is the prosecution case that fire wood was burning near the cot of the deceased and in its light Dhulji P. W. 2 identified the accused Kheta. This fact of light is not mentioned in the F. I. R. Ex. P1 (2 ). It is correct that it is mentioned in the site inspection memo Ex. P 3 and site-plan Ex. P. 4 that a furnace was found near the cot of the deceased. THE word