HARDEEN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction passed by the Additional Sessions Judge, Barmer in Sessions Case No. 36/94 State Vs. Hardeen . The facts resulting in the aforesaid conviction stated briefly are thus;

(2.) On July 9, 1994 P.W. 1 Salam lodged a first information report in Police Station, Chohtan that at 7.00 A.M. Hardeen and his wife Surai went to their agricultural field for cultivation operation where Hardeen killed his wife and ran away. On the basis of this FIR investigation was taken up, accused Hardeen was arrested and on completion of investigation the aforesaid sessions case was started. During the course of sessions trial as many as 12 witnesses were examined and statement of the accused under Sec. 313, Crimial P.C. was recorded. Several documents prepared during the investigation were duly proved by persons party to the documents. The learned Additional Sessions Judge on appreciation of the evidence on record came to the conclusion that the prosecution has proved the guilt of the accused and, therefore, proceeded to pass judgment of conviction sentencing the accused to imprisonment for life. It is against this judgment of conviction which is challenged in this appeal on several grounds argued by the learned counsel for the appellant.

(3.) The main contention of the learned counsel is that there are no eye witnesses of the killing and the circumstantial evidence led by the prosecution falls hopelessly short of the required standards of proof necessary for recording the finding of guilt.