SURESH & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated July 6, 1988 passed by the Sessions Judge, Jalore by which appellants Suresh and Amrat Lal were convicted under S 411 Penal Code and sentenced to three year R.I and a fine of Rs. 500.00, in default of payment of fine to undergo three months R.I.

(2.) Briefly, stated the prosecution story is that one Sumti Bai resident of Badanwadi was murdered in the intervening night of 23rd and 24th of Jan., 1988. In the morning of 24th, Babulal (PW 2) passed that way. The milk man informed him that despite his call, Sumti Bai was not responding. Babulal thereupon peeped inside the room locked from outside through ventilator and found Sumti Bai lying dead on a cot. He sent information to her relative Tek Chand (PW 3) at village Godan and himself went to police station Ahore. Shaitan Singh (PW 8) SHO of police station Ahore alongwith constable Dana Ram went to village Badanwadi and made necessary investigation, but nothing could be known about the culprits. The two appellants were in police custody in connection with some other case, on April 27, 1988 they were obtained in this case and were interrogated. On April 30, 1988 Amrat Lal was taken to the house of deceased Sumti Bai and memo was prepared on his information about the commission of the crime, on May 3, 1988, Amrat Lal furnished information Ex. D/1 for getting recovered certain articles from outside the house (jhumpa) of Suresh. On the same day, Suresh also furnished information Ex. D/2 for getting recovered certain articles from his 'jhumpa'. The SHO took both the appellants to village Leta. In pursuance of the information furnished by Amrat Lal a pit was dug outside the 'bada' and one packet was taken out. The packet contained one Phillips Radio, one knife and gloves. The articles were taken in possession and seized vide memo Ex. P/8. At the instance of Suresh from inside the house from over the slap, one silver 'kandora' (ornament to be worn in the loin) and two silver bowels, were recovered. These articles were taken in possession and sealed vide memo Ex. P/9.

(3.) Upon completion of necessary investigation, charge sheet against the two appellants was filed in the court of Additional Munsif and Judicial Magistrate, Jalore. The case on committal reached the court of Sessions Judge, Jalore.