- (1.) The accused-appellant Nathu Ram son of Lachhi Ram was tried by the learned Additional Sessions Judge, Udaipur for committing the murder of Narsingh Das Mahant in the night intervening 19th and 20th January, 1973. He was found guilty of offence punishable under section 302, Indian penal Code, and sentenced to imprisonment for life. The aggrieved accused has challenged the verdict of the trial court by way of this appeal.
(2.) There is no eye-witness in this case and the conviction of the accused is based Jon circumstantial evidence.
(3.) It is a well settled position of law that in case of circumstantial evidence the accused cannot be convicted unless and until the evidence adduced is inexplicable to any other hypothesis except the guilt of the accused. The evidence relied upon by the trial court of convicting the accused is as under:- (i) The accused was 1st seen with the deceased by P. W. 1 Nana Lal and P. W. 7 Pannalal. (ii) Recovery of blood-stained clothes of the accused as well as scrap-pings of blood from the nails and finger tips of the accused (iii) Recovery of blood stained clothes of the deceased at the instance of the accused.;