SURAJ MAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant, Surajmal, has been convicted by the learned Sessions Judge, Jhalawar for the offence of murder of his wife Bhuri and sentenced to imprisonment for life and a fine of Rs. 1,000/- or, in default, for the rigorous imprisonment for a period of six months.

(2.) THE case of the prosecution is that on February 12, 1981, Suresh Kumar (PW 5) a Forest Guard, saw the dead body of a woman, lying manacled in the bushes, with a knife stuck into the abdomen still in that very position at that time. Most of the skin and muscles had been eaten away by animals and birds. A diary and a pair of black shoes were also lying there. Leaving two of his colleagues behind to guard the spot, Suresh Kumar went to the police station concerned and made a written report (Ex, Pi) there, Vijay Bahadur Singh (PW 16) the Station House Officer, Kotwali, Jhalawar, went to the spot, prepared its rough sketch (Ex. P 2) held inquest proceedings (Ex. P 6 and Ex. P7) took into possession the clothings, ornaments shoes vide memo Ex. P8 removed the Knife Ex. 4 from the dead body and sealed it vide memo Ex P9 and also retrieved the diary, Ex. 5 from near the dead body and prepared memo Ex. P11 about it. From the clothings etc. recovered from there, the dead body was identified to be that of Bhuri wife of the accused appellant. THE accused appellant was arrested on February 24, 1981. It is alleged that some blood stained clothes were recovered by the police on February 20, 1981 in consequence of the information supplied by the accused.

(3.) PWS. Jamna Lal and Birdhi Lal's evidence has also to be ignored because they admitted in cross-examination that what they had said in examina-tion-in chief about Bhuri going away from Khori in the company of the accused and about the clothes that Bhuri has been wearing at that time was based on the information which they had gathered from other villagers.