HANGAMI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant Mst. Hangami was prosecuted for the offence under Section 302, IPC, for having murdered her husband Heera on the night intervening 1 -11 -1976 and 2 -11 1976 at his house situated at village Gogunda with grinding stone and Halwani. Bhera, the elder brother of the deceased lodged a verbal report (Ex. P/22) at the police station, Gogunda, on the next day, that is, on 2 11 -1976 at 12.00 noon to the effect that Heera's mother in law Mst. Kanku and his wife Mst.Hangami came to his house in the night and awoke him up Mst. Kanku told that his brother Heera has died. Thereupon he required as to how died. Then Mst. Kanku asked him to accompany. Thereafter, Bhera along with Narulal vistited the house of Heera, where they found Heera lying dead near the oven bleeding from head and mouth and by the side of his deadbody, broken pieces of the grinding stones were lying Mst. Hangami was asked. Thereupon she stated that her husband himself threw the grinding stone on his head in the night, whereby he died. On this report, the proceedings under Section 174, Cr. PC were initiated, Bherulal (PW. 14), Incharge Publice Station, Gogunda, had received an oral information at about 4.14, p.m. which was recorded by him in the Rojnamcha Thereafter he visited the spot and prepared the t anchanama Ex. P.10. The autopsy on the dead body was conducted by Shri Surendra Singh (PW. 9), who had found 21 injuries on the person of the deceased and according to him the deceased died due to head injury, as there was fracture of frontal bone. PW. 14 also prepared the site plan (Ex P/12) and site notes - (Ex. P/11). Investigation was conducted by Shri Udai Singh, Dy. S.P., a id, he also associated with him in the conduct of investigation. He found four stones of the grinding stone, two blood stained gunny bags, two blood stained Pagris, one blood staintd brass Chari, Some other articles Were also found al the spot, which had been taken into custody, reference thereof has been given in Ex. P/11. A blood stained left foot print was also found at the spot, was preserved and a photographs thereof was taken after calling the photogarpher from Jaipur. Thereafter the blood on that foot -print was soaked in a wet blotting paper, which is Ex. 15. The blood stained shirt of the deceased was also seized by memo Ex. P/16. On 2 -11 -1975 Mst. Hangami was arrested vide memo Ex. P/13. Her Blouse (Art. 16), Lehanga Art 17) and Sari (Ex. 18) Were found stained with blood, so they were also seized The blood stained clothes of the accused and the blood stained clothes of the deceased found at I the spot were all packed and sealed and were sent for chemical examination. Blood stained earth recovered from the spot and blotting paper were also sent for chemical examination. The chemical examination report revealed that blood was positive on the clothes of the accused, as well as the clothes of the deceased and also on the blood stained earth recovered from the spot and in the blotting paper, on Serologist examination it was found that all the three clothes of the accused were stained with human blood, but the human blood found on them, was not sufficient for test. Investigation was conducted from the witnesses and after completion of the investigation, charge -sheet was presented against the accused and the accused was committed for trial to the I Court of Sessions Udaipur. 1 he charge under Section 302, IPC was read over I to the accused, to which he pleaded not guilty and claimed to be tried. At I, the trial the prosecution examined as many as 14 witnesses. In his statement 1. the accused detied the entire prosecution case. No evidence was led in deference. The learned Sessions Judge found the accused guilty of the offence under Section 302, IPC, in Convicted her for the said offence and sentenced her to imprisonment for life. The learned sessions Judge placed reliance on the testimony of the solitary eye witness Mst. Sbanti (PW. 4) aged 9 years (daughter HI of the deceased) and also on the evidence relating to extra judicial confession consisting of the parents of the accused, namely Lalu (PW. 2) father of the accused and Mst. Kanku (PW. 3) mother of the accused and corroboration Was further sought from the statements of Gordhan Lal(PW. 7) Reliance has further been placed on the circumstances that the blood stained left foot -print found on the spot, was that of the accused. Her three clothes were also found stained with human blood. On the basis of the aforesaid evidence, the appellant was found guilty of the offence of murder.

(2.) WE have heared Shri S.D Vyas, learned Amicus Curiae, for the accused -appellants, and Shri Niyazuddin Khan, learned Public Prosecutor, for the State, and we have perused of the record the case.

(3.) WE have considered over the aforesaid infirmities pointed by Shri Vyas. We are evaluating the evidence of a witness aged about 9 years and hailing -from a village. With what we are impressed and which factor cannot be ignored, is that her presence at the spot is natural. She was sleeping hardly at a distance 5' to 7' in the Ora. When such an event had happened in the house, in which Mst. Shanti was sleeping, then it was natural for her to have got up and observed the occurrence. It is not a case of single blow. The deceased had as many as 21 injuries on his person. The deceased must have screamed after having sustained one or two blows and his screaming must have awakened Mst. Shanti appears to be natural and a true statement, when Mst. Shanti states that the police wanted her to speak so. But on that basis it cannot be said that the entire statement she had given is a tutored one. The manner, in which she had narrated the occurrence, inspires confidence aid it carries the convincing impression that she has deposed on the basis of the what she had actually observed. As regards the sequence of burning of lamp is concerned, it may be that she might have faultered. Besides that, it cannot be taken that there was such a darkness, in which it was not possible for her to have observed the giving of blows by her mother to her father. In cross -examination it has not been put to her that there was such a darkness, in which without light it was not possible for her to have seen the occurrence. As regards Bhera's version in not supporting Mst. Shanti is concerned, it may be mentioned that Bhera being the elder brother of the deceased might have concealed the truth and so did not mention the name of Mst. Shanti in the report, lodged by him, and, did not corroborate her in his statement with the statement of Mst, Shanti. Tnus, the above infirmities, as we have considered above, do not appear to be such, on the basis of which the statement of Mst. Shanti can be rendered incredible pr worth rejection. Rather the circumstances corroborate her ocular testimony in as mueh as the stones of the grinder were found at The spot and the Halwani was also found at the spot, which according to the Investigating Officer, were stained with blood. But so far as the presence of the blood on them is concerned, that circumstance cannot be relied upon in view of the fact that it appear that the same have not been sent for chemical examination. The presence of the four pieces of grinding stone and Halwani, lends assurance in the truthful nature of the statement of Mst. Shanti.