SHIVANAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Briefly stating the prosecution case is that Kamla Bai (P.W.3) lodged a written report at Police Station Kaithuni Pole, Kota wherein it was alleged by her that she is residing in Chavani Kota where from she had come to see her mother, who was staying in Kaithuni Pole area at about 12.30 p.m. She found the house locked so she thought that she might be returning soon but having waited for quite sometime, she got suspicious as she was not traced in the locality. She saw through the window on the rear side of the house by pushing it open and she saw that her mother was lying dead on a coat with a white cloth tied to her neck. She did not notice the Bali (earnings), which she used to put on three in each ear. On receipt of this report, a case was registered for offence under Sec. 460 Penal Code and investigation commenced. Prem Prakash (P.W.8), the Investigating Officer, inspected the site and prepared the site plan Ex, P.8A. He also got the photographs of the place of occurrence and thereafter got the post mortem of the dead body conducted. Dr. Navin Saxena, at 8.00 a.m. on 24-4-86 conducted the post mortem and found the following injuries on the person of deceased Pushpa Devi:-

(2.) After completing the investigation, a charge-sheet was submitted in the Court of learned Judicial Magistrate, 1st Class, Kota, who committed the accused to Sessions for trial. The accused was read over charges for offences under Sections 302, 449 and 380 IPC. He denied the charges and claimed to be tried.

(3.) Prosecution examined as many as 13 witnesses in support of its case. Accused furnished no explanation in his statement and the learned Judge after hearing arguments convicted and sentenced the accused appellant, as indicated above.