KANKUDI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals one through jail and the another represented, are directed against the ORDER dated January 31, 1983 passed by the Sessions Judge, Pali, by which the learned Sessions Judge convicted and sentenced the accused-appellant for the offence under Sections 302 and 379 I.P.C.

(2.) The appellant, along with Smt. Rambha, was tried by the learned Sessions Judge, Pali, for the offences under Sections 302134, 392134 and 397/34, IPC. The learned Sessions Judge after trial, acquitted accused Smt Rambha, but convicted the present appellant for the offence under Sections 302 and 379 IPC. He, however, acquitted the accused-appellant of the offences under Sections 392134 and 397134 IPC.

(3.) The case of the prosecution is that on 9/6/1981, Seeta along with Smt. Kankudi and Smt. Rambha went to jungle for collecting wood. In the afternoon, accused Smt. Kankudi and Smt. Rambha came back but Seeta did not return. The case of the prosecution is that Seeta was murdered by Smt. Kankudi and Smt. Rambha by throat ling and her dead body was thrown by them in the water-course and thereafter the accused threw a, stone weighing about 5 Kg. on her. This incident was witnessed by PW 8 Magna Ram and PW 9 Kana Ram. PW 2 Chuna Ram was the person who had seen the accused going towards the jungle alongwith deceased Seeta and saw the accused appellant and Smt., Rambha coming from the jungle and at that time Seeta was not with them. The prosecution, in support of its case, examined thirteen witnesses. The nature of the evidence, produced by the prosecution, consists of the statement of PW 8 Magna Ram and PW 9 Kana Ram, who are said lobe the eye witnesses Of occurrence. PW 2 Chuna Ram is the person who had last seen the deceased in the company of the accused appellant Smt. Kankudi and Smt. Rambha. PW 1 Gamna, PW 5 Narsingha, PW 6 Durga and PW 7 Nariya are the four persons who went in search of Seeta as she did not return to the house and found her dead body in the jungle, from where it was brought to the village. PW 3. Shaitan Singh is the witness to the arrest of both the accused. He is, also a witness to the recovery of the ornaments belonging to the deceased Seeta. The arrest memo Ex P.1 and Ex P.2 and the recovery memo Ex. P.3 bear his, signatures. PW 4 Mccl Singh is the Motbir witness, in whose presence the dead body of Seeta was recovered vide Ex. P. 5. He is, also a witness to the recovery of the clothes of the deceased, which were recovered vide Ex. P.6. PW 10 is Dhagla Ram - the father-in-law of the deceased Seeta, who has been produced to show that deceased Seeta was engaged with his son Narain and at the time of the engagement, two Karaliyas of hands and legs and one Hansli were given by him to his daughter-in-law Seeta about two and 2- 1/2 years before, which were got manufactured from Bhanwar Lal Sunar (PW 11). PW 11 Bhanwar Lal Sunar is the witness, who manufactured the ornaments Article 1. These Articles were identified by Bhanwar Lal Sunar (PW 11) vide Ex. P. 8 before the Munsif and Judicial Magistrate during the identification. PW 12 Dr. Sohan Singh conducted the post-mortem on the dead body of the deceased Seeta and found two ligature marks below chin with transverse wounds and according to him, the cause of death of the deceased was asphyxia due to strangulation. PW 13 Daulat Singh is the Station House Officer, Incharge, Police Station, Siriyari, who registered the First Information Report, conduced the investigation and presented the challan against the accused. The learned Sessions Judge, after trial, disbelieved the two eye- witnesses, viz., PW 8 Magna Ram and PW 9 Kana Ram, but however, he accepted the evidence of PW 2 Chuna Ram regarding the last seen of the accused alongwith the deceased while they were going to the jungle. The learned Sessions Judge, also, placed reliance over the recovery of four Karliyas and one Hansli made at the instance and on the basis of the information supplied by him. The learned Sessions Judge, after trial, convicted the accused-appellant under Sections 302 and 379 I.P.C. and sentenced her to undergo imprisonment for life for the offence under Section 302 I.P.C. and one yearTs rigorous imprisonment under Section 379 I.P.C. Both the sentences were directed to run concurrently. The learned Sessions Judge, however, acquitted the accused-appellant of the offences under Section 392/34 and 397/34 I.P.C. The learned Sessions Judge, also did not find any case against accused Smt. Rambha and acquitted her of all the charges.