BHANWAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals are directed against judgment dated 31.10.03 passed by the Sessions Judge, Nathdwara in Sessions Case No. 11/03, whereby the appellant Bhanwar Singh (Appeal No. 6/04) and the appellant-Smt. Nandu Bai (Appeal No. 326/10) have been convicted and sentenced as under:

(2.) On the basis of the written report submitted as aforesaid, the police registered an FIR for offences under sections 302, 201 /34 /120B I.P.C. and the investigation commenced. The accused Bhanwar Singh, Nandu Bai, Pushkar Lal and Bhagwati Lal were arrested. During the investigation, at the instance of the accused Bhanwar Singh, Nandu Bai, Pushkar Lal and Bhagwati Lal, the police recovered the skeleton of the deceased, a ring and the clothes in dilapidated conditions kept in an iron drum, buried under the ground at the boundary between the agriculture fields of deceased Bhanwar Nath and accused Bhanwar Singh, vide recovery memo Ex. P15. A steel bowl alleged to have been used to administer poison to the deceased Bhanwar Nath was recovered at the instance of accused Nandu Bai vide recovery memo Ex. P2. That apart, a 'geti' and two spades used to dig up the pit were recovered at the instance of accused Bhanwar Singh and Pushkar Lal. Necessary memos were drawn and the statement of witnesses were recorded. The skeleton and other remains of the dead body were examined by the medical board. The bones of the deceased were sent for examination to State Forensic Science Laboratory which submitted its report Ex. P72. After conclusion of the investigation, the police filed charge-sheet against the appellants Bhanwar Singh and Smt. Nandu Bai for offence under Sections 302 /34, 120B I.P.C. and as against co-accused Pushkar Lal and Bhagwati Lal for offence under Section 201 I.P.C. The charges were framed by the Trial Court against the appellants-Bhanwar Singh and Nandu Bai for offence under Sections 120B, 302 /34 and 201 I.P.C. and as against co-accused Pushkar Lal and Bhagwati Lal for offence under Section 201 I.P.C. The accused denied the charge and claimed trial.

(3.) During the trial, the prosecution got examined 17 witnesses and the documentary evidence produced was exhibited as Ex. P1 to Ex. P72. The accused were examined for the purpose of enabling them to explain the circumstances appearing against them in terms of provisions of Section 313 Cr. P.C. The accused did not lead any evidence in defence.