Laxman Singh vs State Of Rajasthan

Heard.

Perused the material available on record.

The instant criminal appeal is directed against the judgment dated 14.12.2017, passed by the learned Sessions Judge, Pali in Sessions Case No.27/2016 whereby, the accused-appellant Laxman Singh S/o Rod Singh (Mot Singh) was convicted for offence under Section 302 IPC and sentenced to undergo life imprisonment with a fine of Rs.10,000/-, in default thereof to further undergo one year's rigorous imprisonment.

On perusal of the impugned judgment, it is manifest that at page No.14 of the impugned judgment the learned trial Court omitted to consider the Forensic Science Laboratory report in evidence observing that the same was not presented during the trial.

The perusal of the record reveals that the Public Prosecutor presented the FSL report in the Court on 24.08.2017 and the same bears acceptance by the Court on the very same day. Thus, observation made in the impugned judgment that the FSL report was not presented by the prosecution is totally contrary to the record and the trial Court committed a grave factual error by holding at page 14 of the judgment that the prosecution did not present the FSL report. The trial Court, while recording the statement of the accused under Section 313 Cr.P.C. has formulated a pertinent question in this regard. However, the question does not appear to be framed properly, inasmuch as, the fact regarding the FSL report establishing presence of Blood Group-A on the recovered articles was not put to the accused. Needless to say that the Forensic Science Laboratory report is admissible without any formal proof as provided under Section 293 Cr.P.C.

In this background, we feel that the trial Court committed grave factual error while eschewing the FSL report from consideration on the premise that the same was not presented on record and the impugned judgment is liable to be struck down on this ground alone. As a consequence, the impugned judgment dated 14.12.2017, passed by the learned Sessions Judge, Pali in Sessions Case No.27/2016 is hereby set aside. The matter is remanded to the Sessions Judge, Pali who shall mark an exhibit on FSL report, put an elaborate question to the accused under Section 313 Cr.P.C. in reference to the FSL report, provide him a limited opportunity of defence in relation to the FSL report only (if he so desires) and then rehear the arguments and decide the case afresh as per law.

The above exercise shall be undertaken within one month from the date of receipt of the copy of this judgment. The appeal is allowed accordingly. Record of the trial Court be returned forthwith.