MULTANA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Multana has filed this appeal from jail against his conviction for the offences under Sections 302 and 201 of the Indian Penal Code by the Sessions Judge, Jodhpur, by his judgment dated 24-4-76 in Sessions Trial No. 39 of 1975. In the Sessions Trial aforesaid, the accused was prosecuted for the murder of his wife Noori and for having buried the dead body to cause the evidence to disappear with intention to screen himself legal punishment.

(2.) The case of the prosecution is that on 2-4-75, Bhoora Ram PW 12, the father of the deceased Noori submitted a written report before the Superintendent of Police, Jaisalmer, wherein it was stated that he, namely Bhoora Ram had learnt that four days ago, Ganpat Gurda had performed the 'Kriya Karam at the house of Kirta in village Hamira and it was learnt that the accused buried the dead-body of Noori after killing her. The aforesaid report was forwarded by the Superintendent of Police, Jaisalmer, to the S. H. 0., Police Station, Nachna and it was presented by Bhoora Ram on 4-4-57 at 9.00 a.m. A case under Sec. 302 I. P. C. was registered at Police Station, Nachna and, thereafter, the investigation into the case was commenced by Bakhtawar Singh (PW 11) S.H.Q. Police Station Nachna. The accused was arrested on 5-4-75 at village Ajasar, vide arrest memo Ex. P. 13-While in police custody, the accused gave in formation, vide memo Ex. P. 14, that he had buried the dead-body of his wife and on the basis of the said information, the dead body of Noori was recovered after digging from the place mentioned by the accused Post-mortem of the examination, the body was fully decomposed and no skin or viscera were there and the causes of death could not be ascertained. According to the post-mortem report, the death had taken place 20 to 25 days from the time of post-mortem examination. On 6-4-75, the accused gave information about his having concealed a brass 'Tashla' vide information memo Ex. P. 18 and on the basis of the said information, a 'Tashla' was recovered from the hut of the accused vide recovery memo Ex. P. 5. On 9-4-75, the S. H. O., Police Station, Nachna, submitted an application Ex. P. 7. before the Judicial Magistrate First Class, Pokaran, for recording the confessional statement of the accused and, thereupon, the accused was sent to judicial lock-up. The accused was produced before the Judicial Magistrate, First Class, Pokaran, on 15-4-75 and on that date, his confessional statement Ex. P. 8 was recorded. After completing the investigation, the police submitted a charge sheet against the accused in the court of Munsif and Judicial Magistrate, First Class, Pokaran and he was committed to the court of Sessions for trial in respect of the offences under Sections 302 and 201 of the Indian Penal Code.

(3.) The accused pleaded not guilty and claimed to be tried.