BHANWARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This instant criminal appeal has been filed by the accused appellants Smt. Bhanwari and Dalla under Sec. 374 Cr.P.C. being aggrieved of judgment dtd. 23/2/1991 passed by the Additional Sessions Judge, Rajsamand in Session Case No.21/1989 (50/1986) whereby accused appellant No.1-Smt. Bhanwari has been convicted for the offence under Sec. 302/34 IPC and accused appellant No.2-Dalla for offences under Ss. 302 and 201 IPC and sentenced as below : <FRM>JUDGEMENT_126_LAWS(RAJ)4_2023_1.html</FRM>

(2.) Before adverting into the facts of the present case, it is relevant to mention here that at the first instance, after investigation, the Sessions Case was registered as 12/84 wherein trial was completed and vide judgment dtd. 16/7/1986, both the accused Smt. Bhanwari and Dalla were found guilty and punished with life imprisonment. On an appeal being filed by them, vide judgment dtd. 15/10/1986, the judgment dtd. 16/7/1986 was set aside and the matter was remanded to the trial Court for trial afresh. Therefore, the case was again registered on 29/10/1986 as Sessions Case No. 50/86(renumbered as 21/89) and re-trial in the matter was undertaken.

(3.) Succinctly stated, the prosecution case is that the deceased Kishan Singh Rajput was the father of PW 2 Raisingh, PW 3 Khemsingh, PW 4 Khumansingh, DW 1 Kumari Sayari and husband of accused Smt. Bhanwari. He was living with them in his house in village Matri P.S. Nathdwara. Kishan Singh was a Compounder in the Government Hospital, Nathdwara. He used to take up and down journeys from his village to Nathdwara to attend his duty. On Friday preceeding 23/8/1983, Kishan Singh came from the hospital and reached his house at about 10.00 P.M. He took his meals and retired to sleep. While he was asleep, accused Mst. Bhanwari and DW 1 Kumari Sayari went out-side the house and came back with accused Dalla with them. Accused Dalla came with a big stone in his hand weighing nearly 20 kilograms. Accused Mst. Bhanwari sat on the chest of Kishan Singh and DW 1 Kumari Sayari caught his feet. Accused Dalla struck three blows with the stone on the head of Kishan Singh. He thereafter pressed his throat. DW 1 Kumari Sayari also struck a few blows with the stone on the head of Kishan Singh. Kishan Singh passed away instantaneously on the spot. The incident was seen by PW 2 Raisingh, PW 3 Khemsingh and PW 4 Khuman Singh. Accused Mst. Bhanwari threatened them with dire consequences in case they divulged the secret. The dead-body of Kishan Singh was taken out-side the house and was burried in a pit. When the whereabouts of Kishan Singh could not be traced out for three or four days, PW 1 Vadan Singh son of Devisingh went to Police Station, Nathdwara and lodged report EX. P 1 of the occurrence. It was mentioned therein that foul smell was emitting from the place situated near the house of Kishan Singh. The police registered a case under sec. 201 and 302, I.P.C. and proceeded with investigation. The Station House Officer Badami Lal (PW 17& 17A) arrived on the spot. The dead body of Kishan Singh was disinterred from the pit and inquest report was prepared. The postmortem examination of the victim's deadbody was conducted by PW16 Dr. S.K. Lodha the then Medical Officer Incharge, Government Hospital, Nathdwara. He noticed some external injuries over the deadbody. He was of the opinion that the cause of death of Kishan Singh was asphyxia resulting from strangulation on throat. The duration of death was stated to be three to six days preceeding the post mortem examination conducted on August 23, 1983. The postmortem report prepared by him is EX. P 8. Two persons Prithvisingh and Bhanwarsingh were arrested by the investigating officer on August 26, 1983. In consequence of the information furnished by Prithvisingh, blood-stained soil, stone, spade and Getti were recovered from his house. The investigation thereafter changed hands and it was entrusted on September 11, 1983 to the Deputy Superintendent of Police Mr. Duli Chand Sharma (PW 20). He once again recorded the statements of Raisingh, Khem Singh and Khumansingh, according to whom their father Kishan Singh was killed by their mother Mst. Bhanwari, sister Kumari Sayari (DW 1) and appellant Dalla. These three persons were thereafter arrested by the Deputy Superintendent of Police. On the completion of investigation, the police presented a challan against the accused Dalla, Mst. Bhanwari and Kumari Sayari in the Court of Munsif and Judicial Magistrate, Nathdwara. The police further prayed that Prithvisingh and Bhanwarsingh who were earlier arrested during investigation be released under sec. 169, Cr.P.C. The learned Magistrate disallowed this prayer of the police and refused to release Prithvisingh and Bhanwarsingh. However, the case of Bhanwarsingh was referred to the Children's Court as he was found below 18 years of age. The learned Magistrate committed the case for trial to the Court of Sessions, who conducted the trial against accused Dalla, Mst. Bhanwari, Ku. Sayari and Prithvisingh. The learned Sessions Judge, by his order dated August 6, 1984 discharged Prithvisingh and framed charges under Sec. 302 and 201, I.P.C. against accused Dalla, Smt. Bhanwari and Ku. Sayari, to which they pleaded not guilty and claimed to be tried. It was contended on behalf of Ku. Sayari that she was below 18 years of age and as such she could not be tried by the Sessions Judge and that her case should be referred to the Children's Court. This prayer found favour with the Sessions Judge and he, by his order dated June 25, 1985 dropped the trial against Ku. Sayari and referred her case to the Children's Court. There, thus, remained accused Dalla and Smt. Bhanwari to face the trial. In support of its case, the prosecution examined 20 witnesses and filed some documents. In defence, the appellants examined three witnesses including Ku. Sayari (DW 1). According to the appellants, they were innocent and had been falsely implicated by Manoharsingh and others whereas the real culprits were Bhanwarsingh and Prithvisingh. On the conclusion of trial, the learned Sessions Judge found the prosecution case substantially true against the appellants and no material worth in the defence raised by them. The appellants were consequently convicted and sentenced with life imprisonment vide judgment dtd. 16/7/86.