YOGENDRA KUMAR KUMAWAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant Yogendra Kumar Kumawat has been convicted and sentenced as below vide judgment dated 28.01.2016, passed by the learned Additional Sessions Judge No.6, Jodhpur Metropolitan in Sessions Case No.10/2013 (NCV No.08/2016).

(2.) Brief facts relevant and essential for the disposal of the appeal are noted hereinbelow:-

(3.) The blood stained articles recovered from the place of incident, the blood stained apparels of the deceased, the blood stained articles recovered at the instance of the accused and the vaginal swabs and vaginal smear collected from the body of the deceased, were forwarded to the FSL for comparison/ analysis from where, three reports (Ex.P/66, Ex.P/67 and Ex.P/68) were received. As per the report (Ex.P/66), the blood stained swab of cotton collected from the place of incident, the blood stained apparels taken off from the body of the deceased, the shirt, pant, knife recovered at the instance of the accused, all tested positive for the presence of B Group human blood. After collecting these material pieces of evidence, the I.O. proceeded to file a charge-sheet against the accused appellant for the offence under Section 302 IPC in the court of the concerned Magistrate. As the offence was Sessions triable, the case was committed and transferred to the court of the Additional Sessions Judge No.6, Jodhpur who framed charge against the accused for the said offence. The accused pleaded not guilty and claimed trial.