PANCHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) hese two appeals under Section 374(2) of the Criminal Procedure Code are directed against the judgment of conviction and order of sentence dated 30/05/1998 passed by the learned Additional Sessions Judge, Kotputali by which he has convicted both the appellants under Section 302/34, IPC and sentenced to undergo life imprisonment and to pay fine of Rs. 500.00 each, in default of payment of which to undergo rigorous imprisonment for three months. Smt. Panchi appellant has filed the appeal through Shri V. R. Bajwa while Jai Ram appellant has filed the appeal through jail and this Court while admitting the jail appeal vide order dated 24-7-1998 appointed Shri V. P. Bishnoi Amicus Curiae. Since both the appeals arise out of the same judgment and order, they are being disposed of by a common judgment.

(2.) Succinctly stated the facts of the case are that P.W. 14 Ratan Lal submitted a written report. Ex. P-18 at Police Station Virat Nagar, District Jaipur in the intervening night of 6/ 7/03/1996, on the basis of which FIR No. 30/96 (Ex. P-19) was registered on 7/03/1996 at 1.30 a.m. In the written report Ex. P-18, the complainant submitted that in the intervening night of 6/ 7/03/1996 he was present in his house. The house of Jagdish son of Debu Gurjar was in the Dhani Khatola Jungle. It was mentioned that after hearing hue and cry of the women from the house of Jagdish, the complainant, his uncle Bheema Ram and father and many other persons rushed there. They found the dead body of Jagdish lying on the Chabutra out side the house. There was a Baniyan on the body of the deceased. They noticed injuries by sharp edged weapon on the neck and chin of deceased and the body was profusedly bleeding. Smt. Gyarsi, mother and Smt. Panchi wife of Jagdish were present in the house. It was mentioned that Smt. Panchi and Jai Ram son of Sardara Gurjar had illicit relations with each other for sufficiently long time and as a consequence of illicit relations, there was dispute in between the wife and husband. Gyarsi, mother of Jagdish was loudly speaking that Jairam had murdered her son Jagdish. It was further mentioned that number of persons collected there.

(3.) During investigation the police inspected the site and prepared the site-plan Ex. P-1, seized the blood stained mattress and quilt vide Ex. P-2, seized blood stained underwear and Baniyan vide Ex. P-3, and arrested accused appellant Jairam on 7/03/1996 vide arrest memo Ex. P-10. The accused appellant Smt. Panchi was arrested on 7/03/1996 vide arrest memo Ex. P-15. One axe was recovered at the instance of accused Panchi vide memo Ex. P-4. Blood stained clothes of accused Jai Ram were recovered vide memo Ex. P-5. Vide seizure memo Ex. P-9 amputated part of finger of accused Jai Ram was recovered. Controlled soil and blood stained soil from the place of the incident was also seized through Exs. P-12 and P-13. Blood stained clothes of accused Panchi were seized vide Ex. P-14. One Bamboo lathi was recovered at the instance of accused Jairam and was seized vide Ex. P-16-A.