SUKHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment passed by the Additional Sessions Judge, Hanumangarh (Camp at Dungarpur) dated March 20, 1976 by which the appellant Smt Sukhi was convicted for the offence under section 302/34. Indian Penal Code and sentenced to imprisonment for life and a fine of Rs. 250/- in default of payment of fine to undergo six months rigorous imprisonment.

(2.) Briefly stated the facts of the case giving rise to, this appeal are as under:-On May 17, 1975 deceased Pemji along with his wife appellant Smt. Sukhi and children had gone to village Kathdi Kheda to attend the marriage of one Huraj. After attending the marriage on May 18, 1975 the deceased Pemji along with (?) went to village Punjpur and returned on the morning of May 21, 1975. The deceased and the appellant slept in the night at the appellantTs fatherTs house at village Kathdi-Kheda. In the night Ramji co-accused (since acquitted) went there and took Pemji with him to his house. Appellant Sukhi also accompanied tern at the house of Ramji, Poona and Teju, other accused (acquitted by the trial Judge) were also present. Ramji and Teju gave a beating to Pemji and hanged him in the Kotha of a house with the iron rail beneath the roof. He was then taken away in the jungle and hanged with a rope ort Mahuwa tree. On May 22,1975 Amarji (P.W. 4) had gone to graze his cattle in that jungle. He saw the dead body of Pemji hanging on the tree. Kachra (P.W. 5) also saw the body hanging on the tree. They went to village Devla to-inform the parents and brothers of the deceased. The members of the family of the deceased went to the site to ascertain the fact. Punja (P.W. 15) brother of the deceased lodged a report at police station. Ganeshpur on May 23, 1975 at 2-30 p.m. Case under section 302 Indian Penal Code was registered by Daulat Ram. Head Constable In-charge of the Police Station at the direction of the Station House Officer, Mangilal who was at Bankoda in connection with the investigation of a criminal case, Shanker (P.W. 14) was directed to conduct the investigation. He proceeded to the site and prepared the inquest memo (Ex. P. 3) and the site, plan (Ex. P. 5). The dead body of Pemji was sent for postmortem examination to PHC Dandi. Dr. Jaikrishna Road, In-charge of the PHC, Dandi conducted the autopsy over the dead body on May 24, 1975 and prepared the post mortem examination report. The Doctor noted rigormortis in the small joint of both extremities, upper and lower. He also found multiple blisters on the body surface leading to the pealing off the skin. The tongue was protruded in between the teeth. The eyeballs were coming out of the socket. Magots were present in both the cars. The body was giving foul smell with no injury marks on the surface of the body. The Doctor noted two ligature marks around the neck. The abrasions were present in between the two marks. In the opinion of the Doctor death was due to as phyxia caused by hanging. Hanging was post mortem. The duration of death was between 36 to 48 hours before the postmortem examination. Appellant Smt. Sukhi gave confessional statement. (Ex. P. 7) before Shri B. L. Goya Munsif and Judicial Magistrate, Dungarpur on June 17, 1975.

(3.) After completion of necessary investigation, charge-sheet, under section 302 and 201 Indian Penal Code was filed against the appellant and the three co-accused viz. Ramji, Teju and Punja, The learned Magistrate finding a prima facie case exclusively triable by the Court of Sessions committed the appellant and the co-accused to the Court of Additional Sessions Judge, Dungarpur to stand their trial. The learned Additional Sessions Judge charge-sheeted all the accused for the offence under section 302 Indian Penal Code and proceeded with the trial. Prosecution examined eighteen witnesses in all to substantiate its case. All the accused denied the allegations leveled against them in their statements. The learned Judge did not hold the prosecution case established against Ramji Punja and Teju and acquitted them of the charges. The learned Judge however held the appellant Smt. Sukhi guilty for the offence under section 362/34 Indian Penal Code on the basis of confessional statement Ex P. 7 and passed the judgment under appeal.