HALIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 19/06/1985, passed by the Sessions Judge, Dungarpur, by which the learned Sessions Judge convicted the accused for the offence under S. 302. I.P.C. and sentenced him to undergo imprisonment for life.

(2.) The incident, which led to the prosecution of the appellant took place on 7/04/1984, in the morning at about 4.00 a.m. when one Mst. Hakra was murdered by the accused-appellant in her house situated in village Chitri. Accused was seen by PW 7 Soma while he was entering the house of Mst. Hakra armed with a Dhariya when PW 7 Soma was going to clear the call of the nature. After the entrance of the accused in the house of Hakra, he heard some noise of inflicting injuries and when PW 7 Soma was returning after clearing the call of the nature, he saw the accused coming out from the house armed with a Dhariya. The written report of the incident was lodged by PW 7 Soma at Police Station, Chitri at about 8.15 a.m.

(3.) The prosecution, in support of its case, examined seventeen witnesses. PW 1 Ramji, PW 5 Ditiya, PW 9 Mawji, PW 11 Dhoolji and PW 16 Poonja are the Motbir witnesses. PW 1 Ramji is the witness to the recovery of the dead body of Mst. Hakra, PW 8 Ditiya is the Sarpanch of village Chitri, in whose presence sample soil and blood-stained soil were recovered vide Ex. P.7 and Ex. P.8. PW 9 Mawji is a witness to the recovery of the dead body of Hakra vide Ex. P.5. He is also a witness to the preparation of the site plan Ex. P.6 and the recovery of the soil vide Ex. P.7. PW 11 Dhoolji is the Motbir witness regarding the recovery of the Dhariya and PW 16 Poonja is the Motbir witness to the recovery of the Dhoti of the accused-appellant. This Dhoti, at the time of recovery, was found bloodstained. PW 2 Heera - the daughter of the deceased - has been produced to prove the motive for the murder. The motive given by the prosecution in the case is that about a month before the accused came to her mother and asked her that she should cure his eyes. This witness has also stated that she had gone in the morning at about 4.00 a.m. to collect Mahuwa and at that time her mother was sleeping on a cot. Bhagu - her brother - accompanied her. At about 8.00 a.m. she sent Bhagu to the house as he had to go to school. Bhagu went to the house and returned back and informed her that there was blood on the cot of her mother. She returned to the house. At that time her mother was dead on account of the injuries received by her. She cried and hearing her cries, PW 7 Soma came there and informed her that he had seen accused Haliya entering the house of the deceased. She has also stated that accused Haliya came to her house a month before to meet her mother and wanted to mortgage his field with her mother, but her mother refused to advance money to him. PW 4 Bhika is not a material witness. He has only stated that he was sleeping and had not seen the occurrence. PW 5 Dr. Surendra Kumar Mathur was the Medical Officer Incharge, Primary Health Centre, Sagwara, who conducted the postmortem examination on the deadbody of Hakra and found on her person three incised wounds. According to him, all these injuries ware ante-mortem in nature and were sufficient in the ordinary course of nature to cause death. PW 3 Roop Chand Warder, PW 6 Mangi Lal Jailor and PW 10 Mohammed Yakub, Head Warder are the employees of the State Government and were posted at the District Jail, Doongarpur, before whom the accused made extra-judicial confessions. PW 12 Shri Chandra Dutt Trivedi is the Deputy Superintendent of Police, before whom the accused was produced by the jail authorities along with Ex. P.10. The accused-appellant was arrested before this witness by A.S.I. Doongar Singh and PW 14 Gopal Singh, Head Constable made the recoveries of the Dhoti from the person of the accused in the presence of Motbirs PW 8 Ditiya and PW 16 Poonja. PW 7 Soma lodged the First Information Report, but this witness has not supported the prosecution case during trial and he was declared hostile. PW 13 Alam Khan was the witness who wrote the report Ex. P.3 on asking of PW 7 Soma, which was taken by Soma to the police station and on the basis of which the First Information Report was lodged. PW 14 Gopal Singh is the Head Constable posted at Police Station, Chitri, who was also, the Malkhana Incharge. He recovered the Dhoti of the accused vide Ex. P.8 in the presence of Motbirs Ditiya and Poonja. This Dhoti was found blood-stained. All the materials exhibited in this case, remained with him in a sealed condition since the time of their receipt till these were sent for F.S.L. Examination. PW 15 Chokha Ram, constable, took the sealed articles for F.S.L. examination to the State Forensic Science Laboratory, Jaipur. He has, also stated that he took these articles in the sealed condition and the seals on these articles remained intact till he handed-over the same for F.S.L. examination. PW 17 Gaj Singh was the Station House Officer, who conducted the investigation and after completion of investigation, presented the challan against the accused-appellant.