POONMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant Poonma was convicted of the offence under Section 302, 404 and 201, IPC, by the Sessions Judge, Balotra, by his judgment dated July 18, 1975. He was sentenced to imprisonment for life and to pay a fine of Rs. 500/ -, in default to undergo 5 months' rigorous imprisonment on the first count and on the second count he was sentenced to three years' rigorous imprisonment and to pay a fime of Rs. 200/ in default, to undergo two months' rigorous imprisonment. No separate sentence was awarded for the offence Under Section 201, IPC. The substantive sentences on the first two counts were ordered to run concurrently.

(2.) THE prosecution case, in brief, is that the deceased Moti Tath left his house some 5 -7 days before Deewali of 1973 and thereafter was not seen alive. He did not return on Deewali and a search was made for him. On 27 -12 -1973, it is alleged that the appellant Poorma went to Bhur Singh Rajput of villege Bhiyada and he disclosed him that some 7 -8 days before Deewali he had killed Motinath with axe in the field Dhaniwala Nalawala. It was also revealed to him that Motinath wanted to have illcit relations with his wife. He wanted some sort of help from him but Bhur Singh took him to the Police Station Shiv, and lodged the report to that offect. Ganesh Ram, SHO (PW 24) regsitered the case on the verbal report of Bhur Singh Under Section 302, IPC, and commenced the investigation. The report was lodged on 28 -12 -1973 at 4.15, p.m. Soon thereafter the accused was arrested On the information and at the instance of the accused the dead body of Moti Nath was recovered from near the Dhani of the accused in his field and articles belonging to the accused were also recovered on the information and at the instance of the accused, which were also lying buried in the field. On the various information and at the instance of the accused, the clothes of the deceased and golden and silver ornaments of the deceased and other articles of the deceased, were recovered. On the information and at the instance of the accused one axe and one spade were also recovered. Dr. Keshav Kotwani (P.W. 19) conducted the autopsy on the body of Moti Nath and the dead body was in ah advance stage of decomposition and putrffication. The skull was found separated from the rest of the body, but there were clothes belonging to the deceased, found on the body, on the basis of which the dead body was identified to be of Moti Nath. Dr. Kotwani could not give the cause of death, as it was not ascertainable. After the arrest of the accused, spot investigation was also conducted and blood sweared soil was recovered from the spot. The clothes of the deceased found on the dead body, were also scized and one Tewata and one Safa of the deceased, recovered at the instance of the accused, were also seized and their packets were sent far chemical examination. Blood was detected on the clothes, found on the skeletion of the deceased and further blood was detected on the two clothes, namely, Tewata (Chadar) and Safa. Blood was further detected in blood -smeared soil as well as control soil. Only four articles were sent for Serological examination, namely, under wear and shirt found on the dead body, Tewata (Chadar) and blood -smeared soil. Human blood was detected only on blood -smeared soil and on the rest of the three articles, origin could not be determined, as blood was found distintegrated. After completion of investigation, charge -sheet was presented against the accused to the Court of Munsif and Judicial Magistrate, First Class, Barmer, who committed the accused for trial to the Court of Sessions Judge, Balotra. The accused was charged of the offences under Sections 302, 201 and 404, I.P.C He however, pleaded not gulity to the charges and claimed to be tried. At the trial, the prosecution examined in all 25 witnesses. In his staterent, the accused denied the prosecution case. He stated that the version given by Bhur Singh was false. However, he admitted that he was arrested. No evidence was led in defence. The learned Sessions Judge, on the basis of the circumstantial evidence consisting of recovery of the dead body and other articles belonging to the decased, on the information and at the instance of the accused and also on the circumstance of extra judicial confession, found the accused guilty of the offence under Sections 302, 404 and 201, I.P.C. Conseqquently, he convicted and sentenced the appellant, as aforesaid. Dissatisfied with his conviction and sentence, the present appeal has been filed.

(3.) IN this case, there is no direct evidence against the accused. In order to connect the accused with the commission of the offences, the prosecution placed reliance on the evidence of the extra judicial confession and on the evidence of recovery of dead body on the information and at the instance of the accused and on the evidence relating to recovery of articles of the deceased on his information and at his instance. It is on the basis of the aforesaid nature of the evidence that the appellant has been found guilty of the aforesaid offences.