KISHANA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 26.8.1981 passed by Sessions Judge, Balotra convicting the appellants Kishana and Aab Singh for offence u/s. 302 I.P.C. and sentencing each of them to imprisonment for life and pay a fine of Rs. 500/ - and in default to further undergo six months rigorous imprisonment. The appellants have also been convicted for offence u/s. 460 I.P.C. and sentenced to 10 years rigorous imprisonment and to pay a fine of Rs. 500/ -, indefault to further undergo six months rigorous imprisonment.

(2.) THE prosecution case in brief is that PW/34 Hanuman lodged a F.I.R. at police station Dhorimana on 30.6.1980 at about 9 A.M. stating interalia that in the early morning PW/5 Peera informed him that his son PW/8 Isra who used to graze catties was sleeping with deceased Mst. Dapu in the 'Dhani'. As per the saying of Isgra, in the night two persons entered in the 'Dhani' of Dapu. They killed Mst. Dapu by strangulation. Thereafter, they took away the ornaments and cash. They slapped him and put a cloth in his mouth. PW/5 Peera also stated that when Ishra approached to him he was weeping. Peera thereafter went to PW/1 Durgaram, PW/2 Dana Ram and PW/18 Shankar Puri and apprised them of the incident. All of them went to 'Dhani' of Mst. Dapu. They found her dead. On this information police registered a case for offence u/s 302 and proceeded with the investigation. Police prepared the inquest and the body of, Mst. Dapu was sent for postmortem. The accused persons were arrested and recovery of ornaments were made in pursuance of the information given by them. After usual investigation, police laid a charge sheet against the two accused persons for offence under Sections 302, 458 and 460 I.P.C.

(3.) PW /8 Ishra has stated that while he was sleeping with deceased Dapu in the 'Dhani', two persons entered and they killed Mst. Dapu by strangulation. PW/1 Durga Ram, PW/2 Dana Ram, PW/5 Peera and PW/18 Shankar Puri have stated that when they reached on the spot, they found Mst. Dapu dead. They opined that she was killed by strangulation. PW/35 Dr. Rajendra Mehta has stated that on 30.6.1980, he was posted as medical officer, Dhorimana. He conducted the postmortem of the body of the deceased Mst. Dapu vide Ex. P. 28. He found following injuries on the person: