PANKAJ KUMAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of instant appeal, finding of conviction passed by Additional Sessions Judge, Women Atrocities Cases, Bharatpur, in Sessions Case No.35/2013 dated 08.01.2015 has been assailed, whereby appellant has been convicted with life imprisonment for the offence punishable under Section 302 and with a fine of Rs. 10,000/- in default further to undergo three months simple imprisonment and has been sentenced to three years rigorous imprisonment for the offence punishable under Section 3/25 (1-B) of the Arms Act and fine of Rs. 5000/- in default further to undergo three months simple imprisonment.

(2.) First Information Report lodged by PW1 Rambharosi Lal, father of deceased Poonam, dated 04.04.2012 registered by PW20 Sub-Inspector Ramesh Chand, reads as under:- ...[VERNACULAR TEXT OMITTED]...

(3.) Heard submission of both the sides, learned counsel for the appellant has contended that learned trial court has passed an erroneous judgment, in fact accused had gone to attend marriage of his friend and he was present at the time of occurrence, recovery of dry cartridge or alleged residuals emanating fire smell from water, can never be reasons of positive evidence, establishing presence of fire smell. Majority of the witnesses of the prosecution have turned hostile and they have supported the prosecution, hence benefit of doubt ought to be extended, so appeal be allowed and findings of the trial court be quashed and appellant be acquitted.