GIRDHARI LAL Vs. STATE

JUDGEMENT

(1.) THIS revision petition is directed against the order of the Munsiff, Judicial Magistrate, R. S. Pora dated 11 -7 -1977 whereunder he has framed charges against petitioners 1 and 3 under section 201 R.P.C. and against petitioner No: 2 u/s 302/ 201 R. P. C. It has been prayed that the charges so framed may be quashed and the accused be discharged.

(2.) THE facts of the case briefly stated are that on the night intervening 2nd and 3rd of March, 1977, Mst. Shelu Devi wife of Bihari Lal accused left her house in the company of her husband to attend the call of nature. It is alleged that Bihari Lal who was suspecting her of infidelity towards him got an opportunity and when Shelu Devi sat on the bank of the water channel and began to drink water, he came from behind, pushed her into the water, and then struck her with a stone at the back of her head. It is alleged that Mst: Shelu Devi died on receiving injuries on her head. In the morning the deadbody was seen and found in the Nallah and in the presence of a large number of persons who had collected there all the three accused persons removed the deadbody from the place of occurrence to their own house, and kept it in the verandah of their house. It is alleged that Bihari accused made an extra judicial confession to one Ch. Chuni Lal about the commission of murder by him of his wife, Mst: Shelu Devi. The choudhry in turn informed the police and it was on 7th March, 1977 that the accused were taken into custody. Earlier the police having been informed about the deadbody had reached the spot on 4th March, 1977, prepared the necessary papers about the deadbody and sent the same for postmortem examination. In the Committing Court the statements of a number of witnesses including that of Ch. Chuni Lal were recorded. Ch. Chuni Lal in his statement has stated that in the evening of March 7, 1977 the accused Bihari Lal came to his house and after some preliminaries, told him that it was he who had murdered Shelu Devi, his wife. He narrated the details of murder also to Ch. Chuni Lal. Hira Singh P.W. the father of the deceased, has also been examined and according to him relations between the husband and wife were not cordial as the accused Behari used to level allegations against the deceased of being unfaithful to him. Seva Singh, P. W. has deposed that on 3rd March, 1977 in the morning he went on spot, and saw the dead -body with face downards in the water. The clothes of the deceased were soild with mud. According to him, all the accused removed the deadbody on the Charpai to their own house inspite of the protests made by Hira Singh asking the accused not to remove the dead -body till the arrival of the Police. P. W. Ujagar Singh has deposed that in his presence at the instance of the accused Bihari both blood stained shirt belonging to him and murder weapon i.e. stone were recovered. Mst. Prakashoo P.W. was next examined. She has also reached the spot on the morning of 3rd March 1977. According to her the accused removed the deadbody from the spot to their house inspite of the protests made by several people that the deadbody should be allowed to remain on the spot till the arrival of the police. She has further stated that at their residence the accused Girdhari gave a bucket of water to his wife Mst. Garu, the accused, and asked her to put off the clothes of Shelu Devi and wash away the blood and mud. Upon this Mst: Garu brought out some clothes from inside, removed the dirty ones from the body of the deceased and thereafter dressed her in newly brought clothes. The Doctor P.W. i.e. Dr. D. D. Gupta has also been examined. According to him the cause of death of the deceased was the injury received on the head and shock.

(3.) THE contention of the learned counsel for the petitioners was that there was no evidence worth the name either against Bihari Lal for having committed the murder of his wife Shelu Devi or against any other accused for having caused disappearance of any piece of evidence relating to the murder of Mst: Shelu Devi. His submission was that the learned Committing Magistrate had committed an error in law in having framed charges against the accused Bihari Lal u/s 302/201 R.P.C. and against the remaining two accused u/s 201 R.P.C. and therefore, prayed that the charges be quashed.