MST. SUNDARI Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment passed by the learned Sessions Judge, Bhilwara dated March 24, 1975 by which in a trial for the offence Under Section 302 Indian Penal Code, the appellant Smt. Sundari was held guilty for the murder of her husband and sentenced to imprisonment for life for that offence.

(2.) BRIEFLY stated the facts of the case giving rise to the trial of the appellant and the present appeal are as under: Smt. Sundari was married to Banshilal, son of Mohan Brahmin, resident of Ratanpur seven or eight years prior to the alleged incident. The relations between the spouses were not cordial. Smt. Sundari was not staying with her husband even for a day or two whenever she was brought by him. On June 25, 1974 Smt. Sundari had gone to the field with her husband and both of them were taking bath at separate places. After sometime Smt. Sundari was seen dropping stones in the well by Chokha (P.W. 3) who was grazing his herd of camel on the nearby hillock. Getting perplexed en being detected Smt. Sundari went to Chokha and beseeched him not to disclose to any body what he had seen. On being asked by Chokha as to why she was throwing the stones in the well, she told him that she had killed her husband and then dropped him in the well. She then went away towards the village. Chokha went to Girdhari and Onkar who were ploughing their fields in the neighbourhood and informed them about the accused throwing stones in the well. They informed him that the woman was the wife of Banshi Maharaj. The appellant went to Smt. Narbada (P.W. 6) and Smt. Badami (P.W. 7) and told them about husband falling in the well. The villagers got the dead body of Banshi out from the well. There were four or five injuries on the dead body P.W. 2 Nathulal Sharma, Chairman of Vikas Panchayat, Ratangarh, Tehsil Asind got the report Ex. P. 2 scribed by Heeralal Peon and sent the same with one Nenu Regar to police station. On receiving that report Station House Officer Ojha entrusted the investigation to Head Constable Girdhari Singh (P.W. 12) of police station, Asind. In the night a constable was sent for keeping a watch over the dead body. On June 26, 1974 Girdharisingh left for the site for investigation and reached the well known as 'Tapiyon' where the dead body of Banshilal was lying. He noted five injuries on the dead body and prepared the panchanama of the dead body. He also inspected the site, and prepared the site plan and site inspection memo. The blood stained 'dhoti' which Banshilal was wearing was taken in possession and sealed. The blood soaked earth was also taken in possession from the place where the dead body of Banshilal was placed after being taken out from the well. On June 26, 1974 the appellant Sundari was arrested. There being stains of blood on the 'ghaghra' and 'saree' she was wearing, the same were taken id possession and sealed. The investigation was then taken by Shri R.S. Sharma (P.W. 13) Circle Officer, Gulabpura. On interrogation the appellant, while under custody, informed the Circle Officer for getting recovered the axe and clothes hidden by her in her house. In pursuance of that information she got recovered one axe, one turban and one under -wear. The Circle Officer sealed all the seized articles during the course of investigation. They were later on sent for chemical examination and Serological test. The report of the Serologist is Ex. 13.

(3.) AFTER completion of necessary investigation charge sheet against the appellant was filed in the court of Munsif and Judicial Magistrate, Gulabpura The learned Magistrate finding a prima -facie case exclusively triable by the court of sessions, committed the appellant to the court of Sessions Judge, Bhilwara to stand his trial. The learned Judge charge sheeted the appellant for the offence Under Section 302 Indian Penal Code and recorded her plea. She denied the indictment and claimed to be tried. To substantiate his case prosecution examined fourteen witnesses in all. The appellant in her statement Under Section 313 of the Code of Criminal Procedure totally denied all the allegations levelled against her and stated that she was shown to Chokhi (P.W.3) prior to the identification parade. No defence witness was examined.