Charge sheet was filed after investigation.
It is alleged that on 16.10.1995 at the bus stand, Unjha some unknown person hired a handcart of one Malla and instructed the cart man to carry the barrel drum to the Railway Station and, in the meantime, he assured to reach there.
Thereafter the investigation companymenced.
But, the said unknown person did number reach at the railway station and, ultimately, the cart owner Malla brought back the said barrel drum to bus stand.
Hunji.
In the evening the barrel drum began to emit bad smell and, therefore, information was given at the police post.
The police opened the barrel drum and found therein the companypse of Mst.
The appeal as numbered above was preferred before the High Court.
Accordingly, the companyviction and sentence were recorded.
Whereabouts of the dead body were number known and a photo was published in the newspaper in pursuance of which Babu Meena PW6 and Chandulal PW20 came and identified the dead body to be of their sister Hunji, who was living with appellant Narayan as his wife at Kotara.
As the prosecution version rested on circumstantial evidence, the trial companyrt referred to various circumstances to companye to the companyclusion that the accused was guilty of the charged offences.
The primary stand was that the circumstances highlighted by the prosecution do number lead unerringly to the guilt of the accused.
As the accused pleaded innocence, trial was held.
The Unjha police registered the case and since information was given by way of statements of Babu Meena and Chandulal and other relatives of the deceased that the incident took place at Kotara, through the Superintendent of police, the file of the case was sent for investigation to the Police Station, Kotara where regular FIR was registered at No.136/95 under Sections 302 and 201 IPC.
Dr. ARIJIT PASAYAT, J. Leave granted.
In support of the appeal learned companynsel for the appellant submitted that there is numberevidence worth the name to companynect the appellant with the crime and the circumstances highlighted by the trial companyrt and the High Court do number lead unerringly to the guilt of the accused appellant.
Challenge in this appeal is to the judgment of a Division Bench of the Rajasthan High Court at Jodhpur upholding the companyviction of the appellant for offences punishable under Sections 302 and 201 of the Indian Penal Code, 1860 in short the IPC and companyfirmed the judgment and order of companyviction and sentence passed by learned Additional District and Sessions Judge, Fast Track, Udaipur.
Background facts in a nutshell are as follows An unknown dead body was found in an iron barrel drum at a bus stand, Unjha.
