BHAGIRATH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal arises out of judgment dated 30/10/1996 passed by the learned Sessions Judge, Jaipur District Jaipur, by which he has convicted accused appellant for offences under Sections 302 and 392, IPC, and sentenced him to 'undergo imprisonment for life with a fine of Rs. 3000/ - (in default thereof, further six months RI) on first count, and four years rigorous imprisonment with a fine of Rs. 6,000/ - (in default thereof, further six months RI) on second count. Both the substantive sentences were ordered to run concurrently.

(2.) THE facts relevant for deciding this appeal, briefly stated, are that on 13/8/1994 at about 12.05 P.M. telephonic intimation was received at Police Station Bagru (Jaipur) to the effect that a dead body of lady was lying in maize (Bajra) crop field of one Umrao Singh. Upon such intimation, Bhuraram (ASI) alongwith Radhey Shyam (HC) and Bhuraram (FC) proceeded to the spot and the Station House Officer was intimated through wireless. Afer arrival of the police party at the spot, Nandaram Sharma gave a written report (Ex. P.3) to the SHO Bagru. In written report (Ex. P.3), Nandaram alleged that he used to work as Labour at the agricultural farm of Lodha Saheb and was resident of Dhani Bagwali, Bagru Khurd; that in the morning while he was working at the farm then at about 9 O'clock Bhagirath Singh (accused appellant) came to him and told that Bhabhi (wife of Nandaram) would not be bringing his rrtcals because he (Bhagirath Singh) had told her not to bring meal; that after an hour, his wife (Nandaram's) reached with his meal then Bhagirath Singh left for Dhani; that thereafter his wife served him meal and after taking food, she left alongwith meal's utensils towards Dhani, but after some time, Ladu came and told that Bhabhi (Nanda's wife) was killed in the field of Thakur, whereupon he rushed to the spot then his aunt Kanidevi gave out that near the place where Savitri (his wife) was killed, she (Kani Devi) had seen Bhangirath Singh sitting at the 'Khejri' tree while Savitri was lying dead soaked with blood having injuries and wounds at her neck wherefrom the blood was oozing out; and that gold chain (Jolya) and earings which his wife was wearing were not found on her dead body. In the written report, it has also been alleged that he named Bhagirath Singh (accused appellant) as suspect for having committed murder of his wife Savitri. This written report was sent to the police station for lodging and registering the crime.

(3.) BHAGIRATH Singh was arrested on 15.8.1994 vide Ex. P.1 by Shishupal Singh (PW 17). Apparels like Bushirt and pant having been worn by Bhagirath Singh at the time of his arrest which were having blood stains vide (Ex. 2) and his worn Chappal pair vide Ex. P.16 were also recovered. On the information and at the instance of Bhagirath Singh, site plan of the place of incident was also prepared vide Ex. P.14 on 16.8.1994, when he volunteered an information under Section 27 of the Evidence Act vide Ex. P.24 to get recovered his left Chappal (Article 13) which was recovered vide (Ex. P.1) with its site plan (Ex. P.18). Similarly, upon information (Ex. P.22) volunteered by the accused his 'Lungi' was recovered vide Ex. P.23 on 16.8.1994. Other Chappal of Savitri (deceased) was recovered from the place of occurrence vide Ex. P.25. On 17.8.1994 Bhagirath Singh volunteered information (Ex. P.19) to get recovered gold earring whereupon gold ear -ring was recovered at his instance on 17.8.1994 vide Ex. P.12. Upon having volunteered information Ex. P.2.1, Bhagirath Singh 'also got gold Jholya of deceased (Jantar) recovered on 17.8.1994 vide Ex. P.10. Weapon of offence viz. knife was also got recovered by Bhagirath Singh vide Ex. P.13 on 17.8.1994 at his instance and upon having volunteered information Ex. P.20. All recovered and seized articles like Soil, apparels of deceased and accused beside knife during investigation having blood stains were sent for Serological examination to the Forensic Science Laboratory in a sealed cover. Forensic Science Laboratory sent its report dated Ex. P.36.