SMT. MANJULA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals are directed against the judgment of the learned Sessions Judge, Sirohi dated 2-5-85 through the jail as well as by her counsel. The learned Judge convicted her for the offence under Sec. 302, Penal Code and sentenced her to life imprisonment and imposed a fine of Rs. 200.00, in default of payment of fine to further undergo 1 year's R.I.

(2.) The prosecution story is that accused Smt. Manjula was married to Moolaram. On the intervening night of 18th and 19th March, 1983, Smt. Manjula and her husband Moolaram slept in one room. In the morning of 19th, Dharma father of the deceased went out of the house, he found the dead body of the deceased Moolaram. He saw multiple injuries on his neck and some more injuries on the different parts of the body. He called his wife Mst. Geri. Both of them took the dead-body to his house. When they brought the dead-body at their house, they informed the accused Mst. Manjula. They suspected her that she might have killed him. As they were suspecting her she was trying to leave their house. PW 7 Dallaram lodged the first information report at the police station, Rohida on 19.3.83 at 10 a.m. stating therein that his house is situated near the house of Dharma (father of the deceased). When he heard the cries of weeping, he immediately went to the house of Dharma where he saw the dead-body of Moolaram, which was lying on the ground having sharp-edged injuries on the neck and other parts of the body. It is said that Smt. Manjula had killed her husband and she had dragged the dead-body away at a distance of about 100 steps from the house. On this information, a case was registered. The police reached the spot and arrested the accused Smt. Manjula. The police prepared "Furd Surat Hall Lash" of the deceased in the presence of the motbirs vide Ex. P/6, Site plan Ex. P/7, identification memo Ex. P/8 and inquest report of the deceased Ex. P/9. The postmortem of the dead-body was got conducted by Dr. Vinod (PW 1). He noticed the following injuries:

(3.) During investigation, a kulhari (Ex.P.12) was recovered at the instance of the accused. One box was also recovered from her possession. When the lock of the box was opened, the police found the blood stained clothes in that box. The control soil and blood-stained soil were collected from the spot and thereafter, they were seized and sealed in a separate packet. It was also found that the room in which, the accused and the deceased were sleeping, some blood stained were found on the wall of the room. The turban of the deceased was found half burnt. The lehanga and Odni of Smt. Manjula were also seized and sealed. The kulhari was also seized and sealed. All the samples were sent to the Forensic Science Laboratory for chemical examination. On examination, the blood group 'O' was found on the chaddi, Gudri, dhoti, khat (cot) and kulhari. On turban of the deceased, Lehanga and Odni of the accused, it is opined that the blood stained was of human-blood but no blood group was ascertained. After due investigation, challan was put up in the court of Judicial Magistrate. Abu Road, who in his turn, committed the case to the learned Addl. Sessions Judge, Sirohi. The accused was charge-sheeted for the offence under Sec. 302 and Sec. 201, IPC. The prosecution has examined as many as 12 witnesses. The statement of the accused-appellant was recorded under Sec. 313, Cr P.C. 3A. Considering the material on record the learned Sessions Judge. Sirohi came to the conclusion that the accused is guilty for the offence under Sec. 302 Penal Code and sentenced her to suffer life imprisonment and to pay a fine of Rs. 200.00, in default of payment of fine to further undergo one years R.I. He also convicted her for the offence under Sec. 201, Penal Code and sentenced her to 3 year's R.I. and to pay a fine of Rs. 200.00, in default of payment of fine to further undergo 1 year's R.I. Both the substantive sentences were ordered to run concurrently.