SANTOSH ALIAS SURENDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE discovery of the dead body of Ashok in a culvert (Nala), the alleged illicit relationship between the appellant-Santosh and the co-accused-Geeta, the wife of the deceased, the feeble evidence of last seen, the conviction of Santosh and the acquittal of co-accused Govind and Smt. Geeta have compelled the accused appellant, Santosh, and the State to file two separate appeals before this Court. Since, both the appeals challenge the judgment dated 18th October, 2003, they are being decided by this common judgment.

(2.) VIDE judgment dated 18th October, 2003, the learned trial Court has convicted Santosh of offence under Section 302 of Indian Penal Code ("ipc", for short) and has sentenced him to life imprisonment and also imposed a fine of Rs. 2,000/- and in default thereof to further undergo six months simple imprisonment. However, the learned trial Court has acquitted the appellant Santosh of offence under Section 120-B of IPC. Simultaneously, the learned trial Court has acquitted the co- accused Govind and Smt. Geeta of offences under Sections 302/34 and 120-B IPC.

(3.) ON the other hand, Mr. Ashwini Sharma, the Public Prosecutor for the State, has vehemently argued that Gopal (P. W. 2), is a resident of same village; he could, therefore, easily identify the accused persons while they accompanied the deceased-Ashok. Secondly, since illicit relationship had developed between Santosh and Geeta, there is a strong motive to get rid of Ashok. Thirdly, although Hemlata is a child witness, but her testimony is reliable. Therefore, he has supported the impugned judgment.