MANOHAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal filed under Section 374(2) Cr.P.C. has been directed against the judgment dated 29-10-1985 passed by the learned Additional Sessions Judge No. 2, Hanumangarh in Sessions Case No. 43/85, whereby he found appellants Manoher Lal and Hanuman Ram guilty for the offences under Sections 376, 302 and 201 I.P.C. and sentenced each of them to 7 years rigorous imprisonment and a fine of Rs. 300/ in default to further undergo 3 months' rigorous imprisonment on the first count, imprisonment for life and a fine of Rs. 500/ -in default to further undergo rigorous imprisonment for 6 months on the second count and to rigorous imprisonment for 2 years and a fine of Rs.100.00 in default to further undergo rigorous imprisonment for one month for the third count. He further ordered that the substantive sentences passed to each of the appellants shall run concurrently.

(2.) Succinctly stated the relevant facts are that on 26-9-1983, Kumari Bhanwari, aged about 12-13 years, daughter of PW 7 Sarwan Meghwal had gone to look after the crop standing in her field situated near village Ranjitpura. However, she did not return in the evening. Thereupon, Sarwan made a search about her, but she could not be found. On 27-9-1983 on his oral information, report Ex. P-7 was incorporated in the daily diary (Rojnamcha Aam) of Police Station, Hanumangarh Town about Bhanwari's disappearance. On 4-10-1983, PW 2 Milap Chand Brahmin found dead body of a girl lying in his field, where cotton crop was standing. That dead body was emitting bad odour. He informed about this to P.W. 1 Bhagmal Meghwal, Kurda, Ram Pratap and others, who immediately came with him in his field in a tractor, but they could not identify the dead body. Since one Meghwal girl from Ranjitpura was missing, PW 2 Milap Chand and others went to that village. They collected the villagers and told them about the dead body of the girl. PW 7 Sarwan along with PW 5 Bhoma Ram, PW 6 Dadu Ram and about 15 persons rushed to the field of Milap Chand. There Sarwan identified the dead body as that of his daughter Bhanwari. Since by that time it had become dark, they remained there through out the night near the dead body. On the next day i.e. on 5-10-1983 at 7 a.m., Sarwan lodged an oral report before PW 10 Richhpal Singh, S.H.C., Police Station, Hanumangarh Town to the effect that his daughter Bhanwari was missing since 26-9-l983, that her dead body was lying in the field of Milap Chand, which is in putrefied condition and that part of her body was found buried under the soil while part of her body has been taken our by the animals. He informed that by seeing the garments, he has identified that it was Bhanwari's dead body. He also informed that some unknown person after committing her murder has buried the dead body. On this information, FIR Ex. P-15 was scribed and a case under Sections 302 and201 I .P.C. was registered. Immediately there after PW 10 Richhpal Singh rushed to the spot. The dead body of a girl was lying in Kila No. 19 of Muraba No. 168/353 of Chak No. 7 RPA situated near village Ranjitpura; where the cotton crop was standing. The said field belonged to PW 2 Milap Chand's father Nand Ram. The hands, legs and the abdomen of the dead body were visible. Her skull without any skin was severed from the dead body and lying about 8 ft. away. A portion of skin of scalp along with hair was lying about 150 ft. away from the dead body. Rest of the dead body was superficially buried under the earth. It is the case of the prosecution that two empty bottles of country liquor were found lying about 25 ft. away from the dead body. Richppal Singh seized and sealed those bottles, because it appeared that those contained chance prints thereon. Foot-prints of two persons were also visible near the dead body. Richhpal Singh also lifted four footprints by preparing their moulds. He prepared the site-plan Ex. P-l6, memo of the dead body Ex. P-18 and inquest report EX. P-19. It is the case of the prosecution that the left palm of the dead body about 15 black hair were found, which were seized and sealed vide seizure memo Ex. P-22. After the post-mortem examination the Investigation Officer also seized the blood stained Salwar, Jumpher and one Shawl vide seizure memo Ex. P-23, which were taken out from the dead body.

(3.) P.W. 3 Dr. Narendra Godara, Medical Officer, Government Hospital, Hanumangarh conducted the post-mortem examination of the dead body of Bhanwari on the spot. He found that the body was partilly buried under the earth. The skull was lying about 7-8 ft. away from the body. No vertebrae was attached to the skull. The bones were easily separable at the joints on slight pull. Foul smell of decomposition was present. At several places, bones were exposed. At some places dried skin was present over the limbs. At some places, the skin was peeling off and had become dark in colour due to decomposition. At some places few maggots were present. The skin over both hands was peeling off at several places. Soft tissues were missing, which could have been eaten away by animals/birds. At several places the epiphyses of bones were separating on pressure and were seen separated. No soft tissues were present on the skull. The skull bones were separating on pressure at sutures and a little liquidified decomposed brain matter was coming out of the skull. The thorax cavity was lying burst open. Ribs were lying scattered near the site of chest. Some ribs were quite loose at the joints. The visceras and the soft tissues were missing and could have been eaten away by the animals/birds. On the neck, a little decomposed skin was present on which mark of ligature or any other mark of injury was not detectable. The contra of the hyoid bone was fractured. The vertebrae of the neck were quite loose and easily separable on pressure due to decomposed ligaments. Only a little lower part of trachea was present. The abodmen was burst open and no viceras were detected therein. No organs were present in the pelvic cavity. Pelvic bones were exposed separating apart at pubic symphcysis. No external genetalia was present. In the opinion of the doctor, the cause of death was due to strangulation.