KALU @ GULLA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused appellant was convicted for the offence under Sec. 302; I.RC. under the judgment and order dated 4.9.2000 of the learned Judge, Special Court SC & ST (Prevention of Attrocities Cases), Ajmer (Rajasthan) passed in Sessions Case 48/97 and sentenced to undergo life imprisonment.

(2.) Briefly stated the facts of the case are that one Sujan (PW-1) submitted a written report to the S.H.O., Police Station Mangliawas, District Ajmer on 4th of Sept., 1996 at about 7.30 PM. The contents of the report are that his wife named Shanti did not give birth to any child. He was in service of Nanu Gurjar and was doing the work of collecting milk from villages. On yesterday, that was Tuesday, in the early morning i.e. about 2.00 AM he took the milk of his cattles and left his village for Tatda on bicycle. He left his wife alone at the house. He returned back at about 11.00 AM. His wife was not at the home. His catties were standing deniedmeaning thereby they were not given fodder or water. He thought that his wife might have gone out for some work and he took his cattles to the jungle. He left the cattles with Govind. He returned to the village and started searching his wife but he could not succeed. He sent his brothers Kalu and Chhotu on motor bike to his in-laws house in search of his wife Shanti. They returned back in the evening and held to the complainant that Shanti was to there. His neighbours Uda son Moda Gurjar and Govind son of Bharu Gurjar told to him that one Bagaria used to come to his house for last five to ten days in the day time in his absence. Bagaria told to them that he comes to take one Iota milk. It is also stated that Bagaria and his wife were staying in the east of the village where they were having a curtain hut. On this complaint, Sataya Narain son of Ladu and Sarwan son of Ladu with some other persons from the village went to Bagarias hut. Bagaria and his wife were not there. They searched them in the hut. The complainant alleged that on search of his house he found that his five hundred rupees are missing. Panchuji told to him that on Monday his wife Shanti had taken Rs. 14/- to Maharaj for sorcery. From Ram Deo son of Sukh Dev in the evening of Monday his wife took a wrist watch to get up early in the morning which has not been returned to him. His wife Shanti was wearing silvering (Kadia) in the feet, on forehead she was wearing a borla. She was wearing silver kanakti of three chain, silver earings. In hands she was wearing silver gokhru and one silver taggadi and slippers (hawai chappal). He made search for his wife in the night and in the morning on Tuesday. On 4th of Sept., 1996 in the evening the other persons of the village who were also searching his wife, namely, Veeram son of Prabhu, Mewa son of Sardul, Govind son of Bhairu Gurjar, on reaching to Amba near to Vinayakahis house they found Bagaria, his wife and one child. Veeram came on motor bike to village and informed to the complainant about Bagaria and his wife and one child. On this the complainant, along with Satya Narain son of Chatru Gurjar, Sawai son of Ram Lal, Veeram son of Sheopal, Rama son of Pratap and 10 to 15 other persons of the village on a tractor went to the place afore-stated and they brought Bagaria and his wife to the village in the evening at about 5-6.

(3.) On being interrogated by the villagers, Bagaria gave out his name Kalu Bagaria, Resident of Mohami Police Station Gaigal, District Ajmer, the name of his wife was given Kamla. Wife of Bagaria was wearing bra of Smt. Shanti, the wife of complainant, who identified the article. On further search of articles with Bagaria by the villagers, they wound one saree, gaghra, one cotton chunri, one silver borla, one gillet kankti and wrist watch. Except the wrist watch, rest of the articles were of complainants wife Shanti which he alleged to have identified. Wrist watch was alleged to have identified by Ram Deo. One Nand Singh residing near to the house of complainant told to him that Bagaria had applied on her wife jaddu-tona (sorcery) and she gave one set of clothes to him. Bagaria was carrying one bag in which other articles were there but what articles were there in the bag he did not see. Satya Narain and Sukha were sent to Police Station to lodge a report. Kalu Bagaria and his wife were sitting in the village. On the basis of the articles of his wife and recovered from Bagaria, the complainant stated that he had doubt that these to persons have killed his wife or she was hidden somewhere.