VISHNU DUTT SHARMA Vs. STATE

JUDGEMENT

(1.) IN the instant appeals challenge is made to the judgment dated November 28th, 2001 of Additional District and Sessions Judge No. 1 (Fast Track), Jaipur City, Jaipur, whereby the appellant has been convicted and sentenced as under: U/s. 302 I. P. C. To undergo imprisonment for life and fine of Rs. 100/-, in default, to further undergo simple imprisonment for one year. U/s. 201 I. P. C. To undergo imprisonment for three years and fine of Rs. 100/-, in default, to further undergo simple imprisonment for three months.

(2.) IT is the prosecution case that Radha Mohan Sharma (PW-2), father of the deceased Anuradha had lodged a report (Ex. 4) in the Police Station Mansarovar, Jaipur on 12. 11. 1997 with the allegations that on the said day around 4. 30 AM Darshan who happened to be a friend of the complainant informed him about receiving a telephonic call giving information that his daughter was not well and that he was asked to come up. He then told his son Himanshu to proceed, but immediately thereafter Nimawat came to his house and took him alongwith his son, wife to the house of his son-in-law Vishnu Dutta (appellant herein ). On reaching the house of the appellant, the complainant saw the dead body of his daughter lying on the floor and his son-in-law (the accused) standing nearby the dead body. On being enquired about the death of Anuradha, the appellant expressed ignorance and told that he himself had to look into it as to what had happened. The complainant further stated that seeing the marks on the neck of his daughter, he believed that she had been murdered by the appellant to get rid of her, with whom, he married on 24. 6. 1988.

(3.) "man may lie, but circumstances never", it is a famous saying. There has been no eye-witness of the incident and appellant has been convicted by the trial court on the sole basis of circumstantial evidence. It is now settled by series of decisions of the Hon'ble Supreme Court that for proving the guilt of the accused by circumstantial evidence, the prosecution must lead evidence to connect all links in the chain, so as to clearly point the guilt of the accused alone and nobody else.