MAGNE KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant was put to trial on the charge of murder of his wife Mst. Antri and daughter baby Jarain aged 3 years. THE learned Additional Sessions Judge, Barmer by judgment dated 22. 12. 1999 has convicted the appellant for the offence under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/-; in default of payment to further undergo one years rigorous imprisonment.

(2.) BRIEFLY stated the prosecution case is that the appellant Mange Khan, a resident of village Sohara was married to deceased Mst. Antri about 14 years back. For last four years he was residing in the village of his in laws namely Loharva. Out of the said wedlock, deceased Antri bore two male and one female child. Two days prior to the date of incident, Mange Khan arrived in his village Sohara from his in law's house along with his wife and children. A day before the incident, the appellant Mange Khan along with his wife Mst. Antri and daughter baby Jarain aged 3 years went to the `that of Gogaji' (a religious place ). He left behind his both the sons. It is alleged that at the `than of Gogaji' the appellant abused and reprimanded his deceased wife for leading a immoral life. He asked her to take oath before `gogaji' that henceforth she would lead a chaste life. He also threatened her that if she fails to maintain the chastity in life she would be killed. PW-4 Moolaram pacified them. It is alleged that in the evening the appellant visited the shop of PW-5 Nainaram along with his wife and female child. It is also alleged that PW-2 Mukna Bheel informed PW-1 Kachhab Khan in the intervening night of 2nd and 3. 03. 1998 to the effect that Mange Khan has confessed before him that he has killed his wife and daughter as he suspected her fidelity. Thereafter, the uncle of appellant namely PW-1 Kachhab Khan along with PW-2 Mukna Bheel went in search of the wife and children of Mange Khan. They found the dead bodies of mst. Antri and baby jarain in sand dunes in village Pora. PW-1 Kachhab Khan submitted a written First Information Report of the incident at Police Station, Gida on 3. 3. 1998. The police immediately swing into action, reached on the spot, prepared the site plan and the inquest reports of dead body of Mst. Antri and baby Jarain. Police arranged the autopsy of the dead bodies. The appellant was apprehended vide Exhibit P-2. During the investigation, police collected the necessary material and laid charge sheet against the appellant for offence under Section 302 IPC.

(3.) AS regards the second circumstance, PW-1 Kachhab Khan has stated that on 3. 3. 1998 the dead bodies of Mst. Antri and Baby Jarain were found in the sand dunes. PW-13 Lakh Singh is the Investigating Officer. He has stated that on receiving the information Exhibit P-1, he went to the spot and found the dead bodies of Mst. Antri and Baby Jarain. He prepared the site plan Exhibit P-15. He also prepared the inquest report Exhibit P-18. The post-mortem of both the bodies were conducted on the same day vide Exhibit P-22 and P-23. Two dead bodies were handed over to PW-1 Kachhab Khan vide Exhibit P-19. The dead bodies were buried on 3. 3. 1998 in absence of the appellant. He was arrested on 4. 3. 1998 vide Exhibit P-4. If the murder was committed by third person there was no reason for the appellant to remain away from the village and not to attend the burial.