GOVIND MATHUR,ATUL KUMAR JAIN - (1.) This Criminal Appeal was filed by the accused - appellant Mahaveer @ Liliya against the judgment dated 07.10.2005 passed by the Sessions Judge, Churu in Sessions Case No.01/2005 whereby that court had convicted and sentenced the accused -appellant Mahaveer @ Liliya as under: - 1. 302 IPC Life imprisonment with fine of Rs.1000/ -, in default of payment of fine to further undergo two months SI. 2. 4/25 Arms Act One year RI with fine of Rs.1000/ -, in default of payment of fine to further undergo two months RI.
(2.) THE accused -appellant was in custody from 19.10.2004 to 07.10.2005. The benefit of section 428 Cr.PC had also been given by the trial court to the accused -appellant. It has been argued in this case that without any substantial evidence, the accused has been convicted by the trial court on the basis of surmises and conjectures and the prosecution story was full of doubts but the trial court has not given benefit of doubt to the accused. Learned Public Prosecutor has opposed the arguments of the Amicus curiae. We have gone through the record. We have also perused the impugned judgment. The arguments of both the parties have been heard.
(3.) THE charge sheet under section 302 IPC etc. had been submitted against the accused -appellant Mahaveer @ Liliya basically on the basis of three extra judicial confessions which had allegedly been made in the presence of Pema Ram, Mani Ram and Dinesh Kumar. All these three persons had been examined under section 161 Cr.PC and in those statements, they had narrated that the accused Mahaveer @ Liliya had admitted before them that in a state of intoxication, he had committed murder of a lady by cutting her throat with the help of a 'Talwar'. It is surprising that none of all these three persons before whom the extra judicial confessions had allegedly been made by the accused -appellant was examined by the prosecution as prosecution witness. This fact creates serious doubt in the prosecution story.;