JASWANT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) We are pained that even basic principle of law that a confession made by an accused while in custody or in the presence of police is inadmissible in evidence, has not been kept in mind by the court below, while concluding trial against the present appellant.

(2.) In the present case, though two ladies namely Santosh Bai and her daughter Sittu @ Priyanka have been murdered, we are constrained to accept the appeal because the prosecution has failed to complete the chain of circumstances to arrive at the conclusion that the offence has been committed by the appellant Jaswant Singh alone and by none else.

(3.) The case of the prosecution is that on the night of 18.8.2013, Santosh Bai sister of complainant Hemraj Singh (P.W.1) alongwith her daughter Sittu @ Priyanka were murdered with an incised weapon. It is further case of the prosecution that on 21.8.2013 accused got recovered a knife and thus, he committed offence punishable under Section 4/25 of Arms Act.