NARENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED Narendra Singh was convicted under Sec. 302 IPC and sentenced to imprisonment for life with a fine of Rs. 2,000/-, in default of payment of fine to further undergo one year's rigorous imprisonment by the learned Sessions Judge, Jhalawar, by his judgment dated May 4, 1988.

(2.) THE charge against the accused was that in the early hours on 5. 6. 87, he committed murder of his wife Smt. Shanti by inflicting numerous injuries with a knife.

(3.) WE have taken the respective submissions into consideration. WE are bold enough to say that it is a case of Nil evidence, where the prosecution has miserably failed to connect the accused with the murder of his wife. It is true that the accused and his wife were living together, but from that fact alone we are unable to say that it was he who managed to commit her murder. Ex. P/8 the First Information Report was not relied upon by the learned Sessions Judge in view of the law laid down by their Lordships of the Supreme Court in A. Nagesia. Vs. State of Bihar (1 ).