This leave to appeal by the State against the acquittal of the accused in a criminal trial was dismissed. The High Court found no substance in the appeal, noting that key material witnesses were declared hostile and ornaments were not put for identification, failing to establish a chain of circumstances.
Leave to appeal is dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Criminal Leave To Appeal No. 273/2016
State Of Rajasthan
----Appellant
Versus
Nanda Ram @ Nand Ram s/o Shri Chitar Jat, b/c Jat, age 33 years, r/o Ghasvon Ki Dhani, Village Sursura, Police Station Roopnagad, District Ajmer.
----Respondent
For Appellant(s) : Ms.Sonia Shandilya, Public Prosecutor For Respondent(s) :
HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI HON'BLE MR. JUSTICE BANWARI LAL SHARMA
Order
26/11/2018
This leave to appeal has been filed against the judgment dated 17th March, 2016 passed by the Additional District and Sessions Judge, Kishangarh, District Ajmer (Rajasthan).
The challenge to the judgment of the trial Court has been made in reference to the call details between accused and deceased. Other than the aforesaid, no evidence exists to connect the accused with the crime.
Learned Public Prosecutor has admitted that all the material witnesses were declared hostile. It is also admitted that the ornaments recovered from the accused were not put for identification, thus other than the call details, no evidence exists to connect the accused with the crime. The call details can be used to corroborate the other evidence but in the instant case, the trial Court acquitted the accused in absence of the evidence to
(2 of 2)
[CRLLA-273/2016]
make a chain of circumstances to connect the accused with the crime. It is also a fact that the other appeal arising out of the same judgment has also been dismissed, though, it is on a peremptory order passed by the Court.
In view of the above, we do not find any substance in leave to appeal. Hence, it is dismissed.
(BANWARI LAL SHARMA),J
(M.N.BHANDARI),J
Preeti/4
2 issues framed by the court
Whether leave to appeal against the acquittal of the accused should be allowed.
Whether the call details between accused and deceased establish a chain of circumstances to connect the accused with the crime.
STATE OF RAJASTHAN
NANDA RAM @ NAND RAM
MUNISHWAR NATH BHANDARI
BANWARI LAL SHARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
