BHAMRI ALIAS LEELE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant has been convicted by the Sessions Judge, Alwar by his judgment dated 8 th Feb., 1986 for the offence underSection 302 IPC nad sentenced for imprisonment for life and a fine of Rs. 1,000/ -. In default of payment of finde, he has to undergo six months' rigorous imprisonment. Against this conviction and sentence he has preferrrsd this appeal.

(2.) THE deceased in this case is Mst. Manta, who was the Bhabhi of the appellant. On the fateful day i.e. 17th August, 1985, deceased Manta with some other woman had gone to their field which was near the Ratnaki jungle for taking -fodder. The appellant Bhamri was also with them. As it was about to rain, the other women went to the village and when Manta did not return her mother -in -law Ramali went in search of her and found her dead. There were several injuries on her neck and face. On hearing her shouts, several people collected there. A report to this effect was lodged by Jagdish S/o Padam, who is P.W.1. The investigation process was sot in motion, Besides preparing the site plan and collecting the blood stained soil etc, statements under Section 161 Cr.P.C.were recorded, Post mortem on the body of the deceased was conducted by P.W.15 Dr. Laxman Singh and P.W. 16 Dr.Gopal Sharma alongwith the third doctor. The accused was arrested on 20th August, 1985 and on basis of information given by him, a blood stained Daranti was recovered from his house, which was in a bucket hanging on a peg. The Kurta, Panja (Dhoti) and Safi which the accused was wearing and on which there were blood stains, were seized and sealed by P.W. 17 Ramhet Sharma, S.H.O. The clothes of the deceased, the clothes of the accused, the Daranti and blood stained soil were sent to the Chemical Examiner, and according to this report, all of them contained human blood of 'A' group.

(3.) P .W. 3 Kabooli and P.W. 5 Smt. Battam had gone with Manta to collect the foddar and they have not supported the story about the appellant Bhamri going with them on the fateful day. Both of them have not been able to explain as to why they did not ask Manta to accompany them back to the village. Similarly, P.W. 4 Smt. Rumali, who is the mother of the appellant was also resiled from her police statement and stated that the appellant has not gone to the jungle alongwith Manta and others on the fateful day. Even P.W. 6 Ram Hans, husband of the deceased has denied the presence of the appellant alongwith the deceased and others on that day. He has stated that the appellant had gone to village Sewa two days prior to the incident and had returend to the village in the evening after the incident had occurred. His further allegation is that the SHO was demanding money and as he could not pay the money, his brother was falsely implicated. P.W. 7 Chirmoli had earlier stated in his police statement that he had seen the accused and the deceased cutting fodder in a field but he has not supported this story before the court. P.W. 8 Moola has denied that the accused made an extra judicial confession before him. P.W. 9 Nandan has also not supported the extra judicial confession and also the recovery of clothes from the accused. He has stated that the police obtained his signatures on the blank papers.