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 Manohar Lal and Hanumana 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/- 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 1213 years, daughter of P.W. 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 Ext. P. 7 was incorporated in the daily diary (Rojnamcha Aam) of Police Station, Hanumangarh Town about Bhanwaris disappearance. On 4.10.1983, P.W. 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 to his field in a tractor, but they could not identify the dead body. Since one Meghwal girl from Ranjitpura was missing, P.W. 2 Milap Chand and others went to that village. They collected the villagers and told them about the dead body of the girl. P.W. 7 Sarwan along with P.W. 5, Bhoma Ram, P.W. 6 Ladu Ram and about 15 persons rushed to the field of Mi lap Chand. There Sarwan identified the dead body as that of his daughter Bhanwari. Since by that time it had become dark, they remained there throughout 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 P.W. 10 Richhpal Singh, S.H.O., Police Station, Hanumangarh Town to the effect that his daughter Bhanwari was missing since 26.9.1983, 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 out by the animals. He informed that by seeing the garments, he has identified that it was BhanwariTs dead body. He also informed that some unknown person after committing her murder has buried the dead body. On this information, F.I.R. Ext. P. 15 was scribed and a case under sections 302 and 201, I.P.C. was registered. Immediately thereafter P.W. 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 P.W. 2 Milap ChandTs 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 25 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. Richhpal Singh seized and scaled 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 foot-prints by preparing there moulds. He prepared the site-plan Ext. P. 16, memo of the dead body Ext. P. 18 and inquest report Ext. P. 19. It is the case of the prosecution that in the left palm of the dead body about IS black hair were found, which were seized and sealed vide seizure memo Ext. P. 22. After the post-mortem examination that Investigation officer also seized the blood stained Salwar, Jumpher and one Shawl vide seizure memo Ext. P. 23, which were taken out from the dead body.

(3.) P.W. 3 Dr. Narendra Godara, Medical Officer, Government Hospita Hanumangarh conducted the post-mortem examination of the dead body of Bhanwari on the spot. He found that the body was partially 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 tissue was present on the skull. The skull bones were separating on pressure at sutures and a little liquidities 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 animal 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 coruna of the hyoid bone was fractured. The vertebrae of the neck were quite loose and easily separable on pressure due to decomposed ligament. Only a little lower part of trachea was present. The abdomen was burst open and no viceras were detected therein. No crgans were present in the pelvic cavity. Pelvic bones were exposed separating apart at pubic symphysis. No external genetalia was present. In the opinion of the doctor, the cause of death was due to strangulation.