MST. JITAN AND ANR. Vs. THE STATE

JUDGEMENT

(1.) THIS is an appeal by Shrimati Jitan, aged 30 years, and Ramji Lal, aged 35 years, who have been convicted by the learned Sessions Judge, Hissar, under Section 302 read with Section 34, and Section 201 read with Section 34, Indian Penal Code, for killing Govardhan deceased, aged about 8 or 9 years, and for causing disappearance of his dead body, and have been sentenced to undergo imprisonment for life on the former count and rigorous imprisonment for a period of five years on the latter count. The two sentences in the case of each accused have been ordered to run concurrently. Ramji Lal has also been ordered to pay a fine of Rs. 1,500 or in default to undergo rigorous imprisonment for a further period of two years. Out of the fine, if paid, Rs. 1,000 have been directed to be paid to Dana (P.W.) or his heirs.

(2.) THE prosecution case is that Ramji Lal accused is a Jat of village Pilimandori. His wife died about seven years ago and he did not marry thereafter. Jitan accused is a Harijan widow of that village, her husband) having died about the same time as did the wife of Ramji Lal accused. There is no male member in the family of Jitan and she lived in her house situate in Mohalla Harijan of her village along with her two minor daughters. Ramji Lal accused developed illicit connection with Jitan and thereafter started visiting her house in Mohalla Harijan openly. Dana (P.W.), father of Govardhan, deceased, is also Harijan and his house too is situated in Mohalla Harijan. Badamo, wife of Dana, objected to the visit of Ramji Lal to the house of Jitan and told Jitan about 5 or 7 days before the present occurrence that it did not look proper. Jitan consequently began to nurse grudge against the family of Badamo.

(3.) THE Sub -Inspector, thereafter went to village Pilimandori along with Dana, and, in the presence of Shankar Sarpansh, Ganpat, Mukh Mam and Dana, the Sub -Inspector interrogated Jitan accused. Jitan then disclosed that she and Ramji Lal had buried the dead body of Govardhan in the courtyard of her house with a piece of cloth in his mouth and another piece of cloth round his neck. Her statement Exhibit P.C. was recorded by the Sub -Inspector. Jitan then took out the dead body of Govardhan deceased from the courtyard of her house. The mouth of Govardhan was gagged with a piece of cloth and a twisted cloth Exhibit P. 2 was found round the neck of the deceased. Recovery memo Exhibit P.D. was prepared. Kassi Exhibit P. 1 was found lying near the place of recovery and was taken into possession. The Sub -Inspector, after preparing the inquest report Exhibit P.F., sent the dead body for post -mortem examination to the mortuary in Hissar where post -mortem examination was performed by Dr. Hem Chand, Civil Surgeon on 10th February, 1963, at 5 p.m. The doctor found some abrasions on the neck, left cheek and the lips of the deceased, besides two contusion marks on his chest. Death, in the opinion of the doctor, was due to strangulation by twisting a cloth round the neck of the deceased Ramji Lal accused was arrested on 11th February, 1963, and both the accused were thereafter challaned.