The main legal point established in the judgment is the reliance on witness testimonies, medical evidence, and incriminating circumstances to prove the guilt of the accused beyond reasonable doubt.

Shashi Kant Sharma, J.- This Jail Appeal has been filed against the Judgment and order dated 112.2001 passed by the learned Additional Sessions Judge, Sambhar Lake (Jaipur District) whereby accused appellant Karnel Singh was convicted for the offence under Section 302, IPC and sentenced to undergo life imprisonment and fine of Rs. 5,000/-, and in default to, further undergo six month’s RI. On 17.08.2004, Mr. S.S. Sunda filed power on behalf of appellant.

2. The brief facts essential for the disposal of this appeal are as under:-

3. Accused appellant Karnel Singh was a tenant of Abdul Latif PW. 2 in his house at Phulera where he was living all alone. Five or six days before the date of occurrence, mother of the accused also came there. Thereafter both of them were living in that house. In the morning of 24.04.1999, Abdul Latif saw that smoke was coming out from the room of Karnel Singh and front door of that room was closed. Abdul Latif knocked the door but none opened the same. Abdul Latif and other tenant Charly Jonathan had broken the doors. They saw that dead body of mother of Karnel Singh was lying on the floor of the room. She was in the pool of blood and accused appellant ran away from the back door of the house. Abdul Latif informed the police and lodged a written First Information Report Exhibit P-2. A case was registered by the police for the offence under Section 302, IPC. Accused Karnel Singh was arrested and his blood stained clothes were recovered and a knife and hammer (hathora) were also recovered on the information and at the instance of the accused. Clothes on the person of dead body of deceased Smt. Surendra Kaur were also taken and seized by the police. Post mortem on the body of deceased Smt. Surendra Kaur was conducted. Post mortem report Exhibit P-16 was prepared. After completion of investigation, police submitted challan in the Court of Judicial Magistrate, First Class, Shambhar Lake and wherefrom the case was committed to learned Additional Sessions Judge, Sambhar Lake and its turn the learned Additional Sessions Judge framed charge against the accused for the offence under Section 302, IPC. Charge was read over to accused who, pleaded not guilty. Prosecution in support of its case, examined as many’ as 13 prosecution witnesses i.e., PW. 1 Raju, PW. 2 Abdul Latif , PW. 3 Charly Jonathan, PW. 4 Ramniwas, PW. 5 Mukesh Kumar, PW. 6 Abdul Kadir, PW. 7 Rajendra Singh, PW. 8 Mehar Singh, PW. 9 Ranjeet Singh, PW. 10 Surjeet Singh, PW. 11 Dr. Sitaram Meena, PW. 12 Gaurishankar and PW. 13 Kishal Lal. Accused appellant was examined under Section 313, CrPC. He did not produce any witness in his defence. Learned trial Judge on hearing final submissions, convicted and sentenced the appellant under Section 302, IPC as indicated hereinabove.

4. Learned Counsel for the appellant Mr. Vipul Jaiman has submitted that the prosecution has failed to prove the guilt against the accused beyond reasonable doubt. Many of the prosecution witnesses have turned hostile. He has referred the statements of PW. 7 Rajendra Singh, PW. 8 Mehar Singh, PW. 9 Ranjeet Singh and PW. 10 Surjeet Singh and has submitted that all these four witnesses who were related to the accused and deceased have turned hostile. He has also submitted that important witness PW. 1 Raju has also turned hostile and has not supported the prosecution story in toto.

.5. On the other hand, learned Public Prosecutor supported the impugned Judgment and urged that prosecution has fully proved the guilt against the accused. It is further urged that most important witness in this case is PW. 6 Abdul Kadir who has fully corroborated the prosecution story and has seen the accused coming from the house at the time of occurrence. He has also seen that at that time clothes of accused Karnel Singh were found blood stained. He has also seen the dead body of deceased in the room. It is also urged that on the date of occurrence, the accused and deceased Smt. Surendra Kaur w