MASHANI Vs. STATE

JUDGEMENT

(1.) The Appellant Mashani, his uncle Habbu and Shahzade were charged Under Sections 302 and 392 IPC read with Section 34 IPC for committing robbery of a pair of karas from the person of Smt. Mumta and then committing her murder on 20-7-1952 at about 10 or 11 A.M. in the field of Rameshwar in village Mahmoodpur Bija, police Station Kannauj, in the District of Farrukhabad. The learned Sessions Judge found that neither of the two charges had been established against any of the accused. He, therefore, acquitted them. He, however, found the Appellant Mashani guilty Under Section 411 IPC because a pair of karas which were alleged to be the property of the deceased Smt. Mumta were recovered on 23-7-1952 from underneath a palm tree where they were buried at his instance. He was sentenced to 2 years' rigorous imprisonment and a fine of Rs. 50, and in default of payment of fine, to 3 months' further rigorous imprisonment.

(2.) The prosecution case was that Smt. Mumta, who was an elderly woman, was scraping grass in the field of Rameshwar Chamar on 20-7- 952 when the accused came there, robbed her of the pair of Karas which she was wearing at that time and the accused Mashani cut her neck with the khurpi which he had with him. It was further alleged that Habbu was standing with a lathi at a distance of about 2 or 4 paces from the (sic) of occurrence. The occurrence was witnessed by P.Ws. Buddhu and Babu who were weeding in the field of one Chhanga, father of Habbu accused, which is at short distance from there. They, on account of fear, did not intervene and try to save Smt. Mumta. They informed Mani Chowkidar of Mianganj about the occurrence. He then went to the scene of the occurrence and found Mst. Mumta lying dead. The accused were not there. He made a search for them but they could not be found. He then went to the police Station Kannauj which is at distance of 6 miles from the (sic) of the occurrence and made a report there the same night at 9.15 p.m. The names of the three accused were mentioned in this report. The dead body of Smt. Mumta was sent for post mortem examination. The post mortem examination disclosed that there were 9 incised wounds on the dead body and that the death of Smt. Mumta was due to shock and haemorrhage as a result of the injuries especially on the neck. The accused were arrested and Mashani accused led the investigating officer to a palm tree and recovered from there a pair of karas which were packed and sealed and which were subsequently put up for identification. They were identified by the sons, daughter and daughter-in-law of Smt. Mumta as her property. After further investigation the accused were sent up for trial.

(3.) The accused in their statements denied that they had committed the murder of Smt. Mumta or had robbed her of her ornaments. Mashani further denied that the pair of karas were recovered from his possession or at his instance.