RONKI Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) -The appellant Ronki was convicted for the offence under Sec. 302, I. P. C., for having committed the murder of his wife Mst. Lajjo on 15-12-1972 at about noon time and he was sentenced to imprisonment for life by the learned Sessions Judge, Sri Ganganagar, by his Judgement dated 21.10.1983.

(2.) The prosecution case is that on 15. 12. 1972 at abut noon when the appellant was inflicting knife blows to his wife, appellants brother-in-law Birbal (P.W.l.) happened to visit the house of the appellant and he saw the appellant inflicting blows on his sister, who was lying on the ground. The appellant than scaled the wall and ran away. Immediately after the occurrence at. about 12. 30, p. m., Birbai lodged the report Ex./I at the Police Station, Rawatsar. The occurrence had taken place at Rawatsar. On his reports, case under Sec. 302, I. P. C., was registered. The prosecution case further is that after about ten minutes the accused appeared at the Police Station having blood stains on his shirt and Dhoti and also blood stains on his person. At that time he was also having a blood stained knife in.his hand. The S. H. O., Police Station, Rawatsar, Shri Vichitra Kumar (C.W.I) arrested the accused. The blood stained clothes were seized. The blood stained knife was also seized. Scrapings of blood from his person were also taken. The accused also had one pistol with him which was also seized. Thereafter, the S.H.O. proceeded to the spot and conducted the spot investigation. Autopsy of the dead Body was conducted. The deceased Mst. Lajjo had as many as 17 incised wounds, according to medical opinion she died on account of respiratory failure, hemorrhage and shock due to injuries to lungs and caused by sharp weapon. The blood stained clothes of the deceased were also seized and scrapings from the knife, cuttings from the Dhoti and the shirt and cuttings from the clothes of the deceased, were sent for chemical examination. On Chemical and Serologist examination, it was found that the clothes of the accused and the knife seized from his custody, were stained with human blood. The accused was arrested and his blood stained clothes and knife were seized in the presence of Motbirs Ramnarain (P.W.3) and Devilal (P.W.4) After completion, of investigation, charge-sheet was presented against the accused and the accused was ultimately tried by the learned Sessions Judge, Ganganagar. The accused pleaded not guilty to the charge and claimed to be tried. The prosecution examined Birbal (P.W.l), Satpal son of the accused (P.W.2), Ramnarayan (P.W.3), Devilal (P.W,4), and Dr. Bheem Singh (P.W.5). As the investigating Officer was not produced and the statement of the accused was recorded, a further opportunity was given to the prosecution to produce Vichitra Kumar, therefore. Vichitra Kumar was examined as a Court witness as C.W. 1. The statement of the accused was further recorded with reference to the statement of Vichitra Kumar. The accused in his statement came out with a version that he had gone for work in the Rawatsar Mandi and his son Satpal was at the house. At about 12.00 noon he came to know that his wife Lajjo had been murdered. Thereupon he came to the house, where he found Satpal weeping. He tried to see whether there was life in.his wife, but he found that she was dead. He started weeping and became unconscious and fell down on his,wife. Satpal then removed him and gave him water, on which he regained consciousness. He also set right the clothes of his wife. Thereafter he went to the 'Police Station. The S.H.O. did not recorded his report. After some time Birbal came at the Police Station, whose report was taken by the S.H O. The knife and the pistol were delivered by Birbal to the S.H.O. He does not know whether his clothes were stained with blood on account of fall on the dead body. At the trial Birbal and Satpal did not support the prosecution and they were declared hostile. The learned Sessions Judge on the basis of the circumstances that the knife and the clothes of the accused were stained with human blood and that the accused gave false explanation regarding seizure of knife by the police and that delayed explanation was offered by the accused in respect of his blood stained clothes, found the appellant guilty of the offence under Sec. 302. I.P.C. Consequently, he convicted and sentenced him for the said offence. Aggrieved with his conviction and sentence, the appellant preferred this appeal through Jail.

(3.) We have heard Shri S.R. Singhi, Amicus Curiae, assisted by Shri Suresh Kumbhat, and Shri M. C. Bhati, learned Public Prosecutor, for the State.