CHAND MAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE prosecution story succinctly put is that Smt. Nazar Bai mother of Shankerlal, P.W. 11, had become widow more than 42 year ago. She was residing separetely from her son in the town of Chittor. On October 24, 1964, 'Karan -Chowth' festival occurred. On that occasion Mst. Nazar Bai was invited to dinner by her cousin brother Ramchandra, P.W. 23 Ramchandra s daughter, aged 10 years, approached Her that day at about 4.30 P.m. and extended invitation to her. Nazar Bai save her 2 paise as a taken of her love and told her that she would certainly visit her house At that time the accused Chandmal was present there. Sometime later Nazir Bai left her house to go to RamChandra's place. She was followed by Ghandmal Nazar Bai, it appears, was done to death on her host's residence. As she was living separately from her son, none bothered for her for about a week. When rumour took currency that Nazar, Bai was missing, her son Shankerlal, P.W. 11, lodged a report (Ex P 1) with the police station Chittor, on Oct. 31, 1964, at 10.30 p.m. stating therein that Nazar Bai was pot traceable. A search was made for her but with no result. Ultimately the Station House Officer. Lal Singh P.W. 32, recorded a formal report (Ex. P. 27), dated December 2, 1964, suspecting that Nazar Bai with the mtention to cause her death, had been abducted in order to deprive her of her ornaments and other movables. The report Ex. P 27 was submitted to the Superintendent of Police, Chittorgarh, who ordered its registration and consequent investigation. In this manner first information report Ex. P.28 was recorded and investigation followed The Station House Officer. Lalsingh P.W. 32 mspected the site and prepared site plan Ex. P. 29 In the house of Nazar Bai he found a box containing Rs. 700/ - and gold ornaments weighing 10 tolas. On October, 7, 1965, the accused Chandmal was seen going to the Chittor fort Curiously enbugh he disguised himself in a female dress. He was arrested on suspicion. In the course of his personal search a bag was found in his possession, containing a bunch of keys (Ex. 42 ) He was hauled up under Section 55/109, Cr.P.C. On interrogation, he, while in the police custody, gave information to the Station House Officer Mahindra Singh P.W. 33, that the dead body of Nazar Bai had been concealed underneath the floor of his room and that the key of the look was available in the bunch of the keys (Ex. 42). That information was reduced to writing. It was marked Ex. P. 30, dated October 11, 1966. In pursuance of that information the police recovered a skeleton (Ex. 1) at the instance of the accused Chandmal under memo Ex. P 5 dated October 11, 1966. The skeleton contained ornaments namely, Kada' (Ex 31), ring (Ex. 32), picture (Ex. 33). and 'Churia' (Ex. 34), besides torn 'Ghaghra', 'Odani' and bodice' (Ex. 36). Shankerlal, P.W. 11, identified most of his mother's articles - The skeleton was examined by Dr.Ganpatlal, P.W.27, Medical Officer Incharge, State Hospital, Chittorgarh -. After its examination he arrived no the following conclusions: 1. The bones were of a human being.

(2.) THE bones belonged to one individual.

(3.) THORAX was intact and was short.