Dismissed

Smt Sheeru Kanwar v. State of Rajasthan and Anr.

Rajasthan HC10 Sept 2018CRLLA/181/2017

Case brief

AI extract

What is this about?

The High Court dismissed the leave to appeal against an acquittal of the accused for murder and causing miscarriage. The court held that the trial court correctly found no chain of evidence to connect the accused due to lack of corroborative proof regarding the conversation and cause of death.

What did the court decide?

Leave to appeal against the acquittal of the accused for Sections 302 and 201 IPC is dismissed.

Smt Sheeru Kanwar Vs State of Rajasthan and… — Murder and Culpable Homicide | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Leave To Appeal No. 181/2017

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Smt. Sheeru Kanwar W/o Shri Madan Singh B/c Rajput, R/o Mukandpura Police Station Sadar Sikar Distt. Sikar

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----Appellant

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Versus

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State Of Rajasthan Through Pp

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Shri Ishwar Singh S/o Shri Jai Singh B/c Rajput, R/o Mukundpura Police Station Sadar Sikar Presently R/o Dhani Tan Paiwa Police Station Losal Distt. Sikar

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----Respondents

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For Appellant(s) : Mr.Sandeep Singh Shekhawat For Respondent(s) : Mr.Alladeen Khan, Public Prosecutor

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HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI HON'BLE MR. JUSTICE DINESH CHANDRA SOMANI

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Order

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10/09/2018

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This leave to appeal has been filed against the order dated 03^rd March, 2017 passed by the District and Sessions Judge, Sikar acquitting the accused-respondent No.2 – Ishwar Singh for offence under Sections 302 and 201 IPC.

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The trial Court has considered the evidence to find out as to whether a chain of evidence is made out to connect the accused with the crime. It is due to a case of circumstantial evidence. The deceased’s mother stated about a phone call by the accused and in response to it, the deceased called him back. He then went to the accused’s place. On the next day, he was found in a well. The deceased was strangulated, therefore, suspicion was shown on the accused.

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(2 of 3)

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[CRLLA-181/2017]

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The motive has also been disclosed. It is out of a transaction of Rs.60,000/-. The accused was not returning the amount and occurrence took place because of it. The trial Court found no evidence to prove the motive. PW 2 – Chhagan Singh has been declared hostile and connecting evidence could not be produced by the Prosecution.

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The mobile of the accused was not recovered and otherwise the call details were not produced to show that accused and deceased had conversation before the incident and based on it, deceased went to accused’s place. The Prosecution failed to produce corroborative evidence to support the statement of deceased’s mother about conversation between deceased and accused on cellphone.

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PW – 11 Yogendra Faujdar, however, stated about conversation between accused and deceased but he had admitted that the mobile phone and SIM of the accused were not recovered and otherwise call details have not been produced. He initially stated about a missed call on the phone of deceased and, thereafter, the deceased called back the accused but then corroborative evidence in the form of call details was not produced. Taking into consideration the aforesaid, the Court below did not find chain of evidence to connect the accused with the crime.

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It is moreso when, as per the postmortem report (P20), no injury was found on the person of deceased. PW – 12 Dr.Sanjay Rathi has given cause of death. It is out of strangulation but then no article has been recovered from the accused or no evidence has been produced as to how deceased was

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(3 of 3)

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[CRLLA-181/2017]

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strangulated. Taking into consideration the aforesaid, the trial Court did not find evidence to connect the accused with the crime. We do not find any error in the order so as to cause interference therein. Accordingly, leave to appeal is dismissed.

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(DINESH CHANDRA SOMANI),J

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(M.N.BHANDARI),J

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Preeti/9

Smt Sheeru Kanwar v. State of Rajasthan and Anr.

Case brief

What is this about?

What did the court decide?

Smt Sheeru Kanwar v. State of Rajasthan and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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