- (1.) This Criminal Appeal has been preferred against the judgment and order dated 29.5.2006 in D.B. Criminal Appeal No. 96 of 2003 passed by the High Court of Judicature for Rajasthan at Jodhpur setting aside the judgment and order dated 15.1.2003 passed by the Additional Sessions Judge (Fast Track) Hanumangarh, convicting the respondent herein of the offences punishable under Section 302 of Indian Penal Code, 1860 (hereinafter referred as 'IPC') and imposing the punishment to suffer rigorous imprisonment for life and to pay a fine of Rs. 500/- in default to further undergo one month simple imprisonment.
(2.) Facts and circumstances giving rise to this appeal are that: A. Buta Singh (PW.15) lodged an oral report on 4.5.2001 at 1.00 a.m. at P.S. Hanumangarh, District Hanumangarh stating that on intervening night between 3/4.5.2001 at about 12.15 a.m., Jaswant Singh (PW.1) received a telephone call from Dr. Amarjeet Singh Chawla (PW.4) to the effect that Jaswant Singh's daughter was perturbed and, therefore, he must immediately reach the house of his son-in-law Kaku Singh. Buta Singh (PW.15), informant, also proceeded towards the house of Kaku Singh deceased, alongwith his son Gurmail Singh. They met Jaswant Singh (PW.1) and Geeta (PW.16), his daughter in the lane. The main door of the house was closed but the window of the door was open. They went inside through the window and found two cots lying on some distance where fresh blood was lying covered with sand. They also found the dead body of Kaku Singh in the pool of blood covered by a quilt in the room. B. On being asked, Geeta (PW.16) (deaf and dumb), wife of Kaku Singh deceased communicated by gestures that Darshan Singh, respondent-accused, had stayed with them in the night. He had given a pill with water to Kaku Singh and thus he became unconscious. Two more persons, accomplice of Darshan Singh came from outside and all the three persons inflicted injuries on Kaku Singh with sharp edged weapons. Geeta (PW.16) got scared and ran outside. The motive for committing the offence had been that one Chhindri Bhatni was having illicit relationship with Kaku Singh, deceased, and about 8-10 months prior to the date of incident Kaku Singh caused burn injuries to Geeta (PW.16) at the instigation of Chhindri Bhatni. However, because of the intervention of the community people, Kaku Singh, deceased, severed his relationship with Chhindri Bhatni, who became annoyed and had sent her brother Darshan Singh alongwith other persons who killed Kaku Singh. C. On the basis of the said report FIR No. 262 of 2001 was registered under Sections 449, 302, 201 and 120B IPC against the respondent at P.S Hanumangarh and investigation ensued. The respondent was arrested and during interrogation, he made a voluntary disclosure statement on the basis of which the I.O. got recovered a blood stained Kulhari and clothes the respondent was wearing at the time of commission of offence. D. After completion of the investigation, the police filed chargesheet against the respondent under Sections 302 and 201 IPC and the trial commenced. During the course of trial, the prosecution examined as many as 23 witnesses and tendered several documents in evidence. However, Geeta (PW.16) was the sole eye-witness of the occurrence, being deaf and dumb, her statement was recorded in sign language with the help of her father Jaswant Singh (PW.1) as an interpreter. After completion of all the formalities and conclusion of the trial, the trial court placed reliance upon the evidence of Geeta (PW.16) and recovery etc., and convicted the respondent vide judgment and order dated 15.1.2003 and imposed the punishment as mentioned here-in-above. E. Aggrieved, the respondent preferred Criminal Appeal No. 96 of 2003 before the High Court which has been allowed vide impugned judgment and order dated 29.5.2006. Hence, this appeal.
(3.) Dr. Manish Singhvi, learned Additional Advocate General, appearing for the appellant-State, has submitted that the prosecution case was fully supported by Geeta (PW.16), Jaswant Singh (PW.1) and Buta Singh (PW.15) which stood fully corroborated by the medical evidence. Dr. Rajendra Gupta (PW.17) proved the postmortem report and supported the case of the prosecution. Therefore, the High Court committed an error by reversing the well-reasoned judgment of the trial court. Thus, the appeal deserves to be allowed.;