THAWRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This jail appeal is directed against the judgment dated 15.11.1997 passed by learned Additional Sessions Judge No. 2, Udaipur in Sessions Case No. 6/96 by which accused-appellant-Thawra has been convicted u/s. 302 Penal Code and sentenced to life imprisonment with a fine of Rs. 1,000.00 and in default to further undergo one month's rigorous imprisonment. He has also been convicted u/s. 459 and sentenced to five years rigorous imprisonment with a fine of Rs. 1,000.00 and in default to further undergo one months' rigorous imprisonment. Both the sentences were ordered to run concurrently.

(2.) The concise facts according to the first information report Ex.P/12 lodged on 20.10.1995 by PW-20 Laxmi Chand are that on 19.10.1995 Smt. Gendi Bai was sleeping in her house with silver kadas in her legs. Some unknown person killed her and took away one silver kada after cutting one leg. Autopsy on the dead body was done by PW-17 Dr. Dinesh Rajwania and during investigation Thawra accused-appellant was arrested on 4.11.1995 through arrest memo Ex.P/30. He gave a voluntary disclosure statement Ex.P/31 u/s. 27 of the Evidence Act on the same day at 4.00 p.m. and in consequence thereof got one silver kada recorded from his residential room at 5.15 p.m. in presence of PW-16 Gangaram and PW-24 Madan Das which was sealed then and there. Identification parade of above silver kada was conducted by PW-26 Sunderlal Civil Judge (JD) Sarada in which Sohan Bai, Nawli Bai, Ganeshlal and Heeralal have identified three pieces of silver kada allegedly recovered at the instance of the accused-appellant. On this solitary evidence learned Trial Court has convicted and sentenced the accused-appellant.

(3.) Accused-appellant-Thawra has challenged the conviction and sentence by filing jail appeal in which Shri K.K. Shah has been appointed as amicus curiae. Submission of Shri Shah were that there is no direct evidence in this case and solitary circumstance of recovery of silver kada of deceased at the instance of the accused has been relied upon in which also there are many contradiction and inconsistencies.