PAPPU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal under Sec. 374 of the Code of Criminal Procedure ('the Code' for short), is directed against the judgment and order dated 02.04.2003 rendered in Sessions Case No.76 of 2002 by the learned Addl. Sessions Judge (Fast Track) Pratapgarh, whereby he convicted and sentenced appellant/accused Pappu s/o Chhogalal (hereinafter referred to as "A-1"), as under: <FRM>JUDGEMENT_147_LAWS(RAJ)4_2009_1.html</FRM> All the sentences were ordered to run concurrently.

(2.) The prosecution case, as disclosed from the F.I.R. and unfolded during trial, is as under:

(3.) Learned counsel for accused A-1 Mr. Shaitan Singh submitted that there is no evidence to connect the accused with the crime except the evidence of PW16 Haga and PW12 Imran, who at the relevant time were residing with the deceased, therefore, no reliance can be placed on her testimony and it is unsafe to rely on her oral testimony. It is also submitted by him that the remaining witnesses have turned hostile, therefore, prosecution could not prove the case against A-1. On the aforesaid premises, learned counsel for the appellant submits that there is no evidence against the accused, however, the trial Court has not appreciated the evidence adduced by the prosecution in correct perspective and conviction and sentenced recorded against the accused is against the evidence on record, therefore, the impugned order of conviction and sentence suffers from non-appreciation of evidence and it deserves to be quashed and set aside by allowing this appeal and thereby acquitting the accused of the offence with which he is charged. Alternatively, it is also submitted by him that if this Court accept the evidence of the prosecution witnesses in toto, in that case also it is not a case of murder punishable under Sec.302 Penal Code but a case of culpable homicide not amounting to murder punishable under Sec.304 Part II Penal Code as the accused has inflicted only a single fatal blow on the lungs of the deceased and that too after seeing Haga there, to whom he claims to be his wife and who was staying with the deceased. He, therefore, urged to pass appropriate order in this regard.