STATE OF RAJASTHAN Vs. IQBAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dtd. 9/8/1990 rendered by Additional Sessions Judge, Bali, (District Pali), in Sessions Case No.13/1986 (63/1983) acquitting the respondents-accused for the offence punishable under Sec. 302 in alternate 302/34 of the Indian Penal Code. Both the accused were charged and tried for allegedly committing murder of Pyari Bai on 13/5/1983 between 11.30 a.m. to 1.30 p.m. suffocating her by stuffing a cloth into her mouth.

(2.) The facts necessary to be noticed for disposal of present appeal against acquittal, briefly stated, are that on 13/5/1983 at about 2.15 p.m., constable Jeeva Ram (PW-12) of Police Station Bali (District Pali) gave an oral information (ExP-11) to the effect that when he reached Gandhi Chowk at about 2.00 p.m. while patrolling in the town, he saw a crowd there. People in the crowd were saying that an aged woman had been murdered by stuffing a cloth into her mouth. He went to Khardia Bas, where, a large crowd was gathering outside the house of Babulal Jain which was situated adjacent to municipality building. Wife of Babulal Jain Bhagyawanti was present in the house. Some people were also standing inside the house. In the Pole (???) of the house, there was a little bit of blood on the floor and a small bucket was also kept in the chowk (???) of the house, which was half full of water and the colour of which was like red. It led him to guess that the culprit had washed his blood stained hands in that bucket. In a room, Pyari Bai, the mother-in-law of Bhagyawanti had a cloth stuffed into her mouth and was lying dead on a cot. The cloth was full of blood. There was blood on both the shoulders of her blouse as well and blood was also oozing out of her nose and mouth. Two small carpets, lying there, were also found blood stained. 2-3 boxes were lying open in the room.

(3.) F.I.R. further stated that it appeared that someone has murdered Pyari Bai suffocating her by stuffing a cloth into her mouth. Bhagyawanti, the daughter-in-law (???) of the deceased who was present there, told on being asked that the incident took place during the day between 11.30 a.m. to 1.30 p.m. when she alongwith her children was sleeping on the upper floor of the house. Her husband lives in Bombay. Only Pyari Bai and Bhagyawanti alongwith her children live in the house where the incident took place.