BHANWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant was found guilty by the learned Sessions Judge Tonk vide judgment dated january 23. 1995 in Sessions Case No. 106/93. He was convicted and sentenced under sections 457, 382 and 302 IPC as under:- U/s. 457 IPC to under to 3 Years RI and fine of Rs. . 200/- in default to further undergo one months RI. U/s. 382 IPC to undergo 2 years RI and fine of Rs. . 200/- in default to further undergo one month RI. U/sec. 302 IPC to undergo imprisonment for life and fine of Rs. 200 in default to further undergo one month RI. All the sentence were directed to run concurrently.

(2.) THE incident, as pictured by the prosecution, happened like this. Virendra Singh (PW. 1) former Sarpanch of village Bench submitted a written report ex. P. 1 with the Police Station Baroni (Tonk) on September 11, 1993 in regard to brutal murder of a village lady Sushila who on the previous night slept alone in her house as her husband had gone to well to irrigate the field and her father-in-law slept in the corridor outside the house. In the morning when she did not respond, her father-in-law, entered the house and found her lying dead in a pool of blood. THE assailant in order to remove silver anklets and nose ring, slashed her ankle joints and face. THE Police Station Baroni registered a case under Sec. 302, 460 and 382 IPC. and investigation commenced. Inquest report Ex. P. 3, Site Plan Ex. P. 11 and other necessary memos in regard to recoveries of various articles were drawn. Statements of the witnesses under Sec. 161 Cr. P. C. were recorded. Dead body of Sushila was subjected to autopsy. THE appellant was arrested on September 15, 1993. On the basis of information supplied by him under Sec. 27 of the Evidence Act SHO Mal Singh PW. 16 recovered silver anklets, one gold nose ring and four gold earrings from the house of the appellant. Knife allegedly used in the incident was also recovered at the instance of the appellant. Blood stained clothes were also recovered and seized. On conclusion of investigation charge sheet was filed. In due course the case came for trial before the learned Sessions Judge. Charge under Sec. 457, 382 and 302 IPC were framed against the appellant, who denied the charges and claimed trial. THE prosecution examined as many as 18 witnesses in support of its case. In his statement under Sec. 313 Cr. P. C. the appellant pleaded innocence. However no evidence in defence was examined by him. THE learned trial court on hearing the final submissions convicted and sentenced the appellant as indicated hereinabove.

(3.) THE appellant made yet another disclosure statement (Ex. P. 6) on the basis of which his blood stained clothes comprising of Baniyan, Tehmad and Chaddar (bed sheet) was recovered vide recovery memo Ex. P. 8 in the presence of Motbirs Jagdish and Ramchandra.