SATISH SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The sole appellant Satish Sharma @ Seeto faced trial before the learned Special Judge (SC and ST), Karauli in Sessions Case No. 20/2015 arising out of FIR No. 648/2014 registered with Hindaun Police Station. Though charges were for offences under Sec. 3 (2) (v) of the SC/ST Prevention of Atrocities Act also however the learned trial Judge has recorded conviction under Sec. 302 IPC only and awarded life imprisonment along with fine of Rs.10,000.00 by judgment and order dtd. 25/9/2018. In default of payment of fine, 6 months simple imprisonment has been ordered. The judgment of conviction and order of sentence are under challenge in this appeal.

(2.) The prosecution case as disclosed in the written report submitted to Hindaun Police Station by Bhoor Singh (PW/4) is that his daughter Kamla was a widow and after the death of her husband, she was living along with her 9 years old son Raj Kumar (PW/10) at Indrapura in her own house. Her elder sister Smt. Laxmi (PW/7) was also residing in the same locality in a different house. In the morning of 13/9/2014, the appellant called the informant on mobile stating that Kamla is not picking up her phone. The appellant wanted to know from Kamla whether Rajkumar went to school or not. Thereafter, the informant phoned to Kamla. Someone picked up the phone and informed that murder of Kamla has been committed. Thereafter, the informant and his wife Ginni (PW/12) went to the house of Kamla. They saw a huge crowd there. Kamla was lying dead in her house. Her neck was covered with Chunni (wrapper). There was signs of pressure on the neck of Kamla. Outside the room, a charpai (coat) was also there on which some country-made liquor, cigarette and Guthkha were also found. A Godrej Almirah of Kamla was also found open, her clothes were scattered. According to the informant, some unknown person might have entered into the house of Kamla and committed her murder by throttling. After registration of the police case, investigation was taken up by PW/21 Ramdayal. Ramdayal had performed only some formalities regarding seizure of different articles found at the place of incident. Dead body was sent for post mortem examination etc. PW/21 Ramdayal had seized a cap near the dead body of Kamla which was usually used by the Muslim members of the society. Thereafter, investigation was taken up by PW/20 Kailash on 15/9/2014. On 19/9/2014, Kailash recorded statements under Sec. 161 Cr.P.C of the parents of the deceased as well as of Master Raj Kumar, the son of deceased. Raj Kumar has been examined as PW/10. Till then, no suspicion was there against anyone. For the first time on 3/3/2015, after delay of 6 months, statements of PW/6 Ashish Meena, PW/7 Laxmi, PW/8 Seema, PW/13 Sridevi were recorded under Sec. 161 Cr.P.C. and it started raising suspicion against the appellant to be involved in the murder of Kamla. It is worth to mention here that it has come in the prosecution evidence that Kamla had five sisters besides three brothers. Out of the five sisters, Kamla and Laxmi were living in the same locality. Seema was residing with Laxmi and Sridevi used to visit Laxmi off and on. Laxmi was already a married lady and after differences with her husband, she was living with PW/6 -Ashish Meena (as per PW/6) in the relationships of marriage.

(3.) The prosecution produced altogether 28 witnesses. PW/1 Ali Mohammad, PW/2 Yakub Ali, PW/9 Mahroom, PW/11 Smt. Sammo alias Sameem, PW/15 Iqbal and PW/19 Kesanti have been declared hostile by the prosecution.