MAHENDRU SINGH Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) The learned Additional Sessions Judge No. 1 Alwar, has convicted both the appellants Mahendra Singh and Ram Kishore, both by caste Meena, resident of Kutsin, Sahabdas, under a judgment dated 28.11.1988, under Sections 302/392 read with Sec. 397 Indian Penal Code. On the first count, each of the accused appellant was sentenced to life imprisonment and a fine of Rs. 500.00 and under the second count to undergo ten years rigorous imprisonment and to pay a fine of Rs. 500.00. In default of payment of fine, to undergo six months rigorous imprisonment. The substantive sentence on each of the count have been ordered to run concurrently.

(2.) The case of the prosecution is that the deceased Smt. Budhi is the wife of P.W. 10 Dhansi. A day prior to the occurrence, she had gone to village Ramgarh as her grand son was ailing. When she had left the house, she was having silver ornaments on her person. Two silver kaddas on her wrist and four silver kaddas in her feet. She was also having one golden tabiz in her neck. She was to return the next day i.e. 26.9.1987, to her village but did not return to her house and somebody informed Dhansi P.W. 10, husband of Smt. Budhi, that when he alongwith his son was working on the field, some body has killed Smt. Budhi and her dead body is lying in the fields of Ram Charan. P.W. 10 immediately went to the spot and saw that the dead body of Budhi was lying in the fields of Ram Gharan. There were no ornaments on the dead body. Her hands were chopped of from wrists and so also near the ankles and silver ornaments as well as golden tabiz were missing. Dhansi P.W. 10, lodged a report in the police station and a case was registered and investigation was set in motion.

(3.) On 27.9.87, both the accused persons were arrested and so far as accused appellant Mahendra Singh is concerned, after his arrest vide Arrest Memo Ex.P.3, he made a discovery statement to the S.H.O. P.W. 20 Girdhari that he has concealed three silver kaddas in a field and would gel them recovered and accused with two motbirs Budha Ram P.W. 7 and Shiv Lal P.W. 8 went to the place mentioned in his discovery statement and three silver kaddas were recovered from his possession, he had taken them out after digging the earth upto the depth of 6". The silver kaddas were having blood. They were seized and sealed. Accused appellant Mahendra Singh consequent to the information had also got recovered the golden tabiz in the presence of same witnesses Shiv Lal P.W. 8 and Budha Ram P.W. 8, vide recovery memo Ex.P. 10. He had also got recovered the pent which appeared to be blood stained vide recovery memo Ex. P. 10.