RAJARAM AND ANR. Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE four appeals : one represented appeal by accused Rajaram, two represented appeals by accused Hanuman and one Jail appeal by accused Rajaram and Hanuman, are directed against the judgment of the learned Addl. Sessions Judge, Raisinghnagar dated 14.11.1986 where by the learned Addl. Sessions Judge has held the accused -appellants Rajaram and Hanuman guilty of the offences under Sections 302, 120B, 404 and 460 IPC and has sentenced them to life imprisonment together with a fine of Rs. 200/ -each and in default payment of fine to further undergo imprisonment for two months for the offence under Section 302 IPC; ten years' rigorous imprisonment together with a fine of Rs. 200/ -each and in default of payment of fine to further undergo simple imprisonment for two months for the offence under Section 120B IPC; ten years' rigorous imprisonment together with a fine of Rs. 200/ - each and in default of payment of fine to undergo two month's simple imprisonment for the offence under Section 460 IPC; and three years' rigorous imprisonment together with a fine of Rs. 200/ - and in default of payment of fine to further undergo two months' simple imprisonment for the offence under Section 404 IPC. All the sentences have been ordered to run concurrently.

(2.) THE facts necessary to be noticed for the disposal of the appeals briefly stated are : that/hariram the husband of the deceased Mst. Nanudevi was the Nazam (Sub -Divisional Magistrate) in Bikaner District. He married twice. His first wife Mst. Nanu Devi being the wife of Nazam was locally called as Nazmani'. She was living in village Lunewala. His second wife Smt. Gopoli Devi and her son Ajay Kumer were living in Raisinghnagar. At the time of her death, Mst. Nanudevi was aged about 80 years and accused Rajaram was looking after her. Hariram had died and Mst. Nanudevi had he issue of her own. It is alleged that Mst. Nanudevi died the night intervening between 18.10.19.84 and 19.10.1984. Her dead body was found in her house near the place where the cows were tied. In the morning, when the persons found her dead body lying near the cows with a bucket, they thought that Mst. Nanudevi has been killed by the claws of the cows. Mst. Gopali Devi and her son Ajay Kumar were informed and they came to the village. Prior to that, other villagers were also informed and they removed her dead body and put it in the chowk of the house and thereafter as per the customs of the Bishnoi community, her dead body was burried.

(3.) HOWEVER , it is alleged that accused Rajaram who was looking after the affairs of Mst. Nazmani was apprehended by the Boarder Security Force people and on his search, it was found that he was carrying a bag in which lot of silver and golden ornaments were there. That raised suspicion in the mind of the B.S.F. authorities and, therefore, he was produced before the police by the B.S.F. people alongwith recovered ornaments. On the basis of the list of recovered ornaments proposed by the B.S.F. people, the Police prepared seizure memo Ex. F.1 of the Ornaments and its report was registered in the Rapat Hoznamcha Ex. P.2. The seized ornaments were hended over to the Malkhana Incharge vide memo Ex. P.3 and the proceedings under Section 102 Cr.P.C. were undertaken.