SANKLA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated April 11 ,1985, passed by the Sessions Judge, Sirohi, by which the learned Sessions Judge convicted and sentenced the accused- appellant Sankla for the offence under section 302, I.P.C.

(2.) The incident, which led to the prosecution of the appellant Sankla, took place in the night between November 16th and 17th, 1983 in village Positara (district Sirohi) when Smt. Laxmi (wife of the accused) was murdered. A written report of the incident was sent by one Bhanwarhli at Police Station, Anadra, with Mansha Ram naming the accused-appellant Sankla as the perpetrator of the crime. The case of the prosecution is that in the intervening night of November 16/17, 1983, accused Sankla murdered his wife Smt. Laxmi by, a Khunt and in the morning when an enquiry was made from him as to what had happened, he confessed his guilt before his brother P.W. 2 Rawta, P.W. 3 Laxmi W/o Rawta and P.W. 4 Raghu W/O Roopa. He, also, confessed his guilt before Bhanwar Lal - a Gram Sewak cum Secretary posted at Panchayat Samiti, Positara. The prosecution, in support of its case, examined ten witnesses. P.W. 1 Mansha Ram is the Motbir witness, who was sent by Bhanwar Lal alongwith the written report at Police Station, Anadra, and who lodged the First Information Report. He is, also, a witness to Ex. P. 2 site plan, Ex. P.3 site inspection note, Ex. P.4 Panchnama and the recoveries of the clothes of the deceased vide Ex. P.5 and Ex. P.6, by which Ghagra, Chundri and under-garments of the deceased were taken in custody. He is, also, a witness to the arrest of the accused vide Ex. P.7 and the recovery of the clothes of the accused vide Ex. P.8. He is, also, a witness to the recovery of Khunt vide Ex. P.9, which was recovered at the instance and on the information supplied by the accused. P.W. 2 Rawta (the brother of the accused), P.W. 3 Laxmi and P.W. 4 Raghu are the three witness before whom the extra-judicial confessions alleged to have been made by the accused witnesses have not supported the prosecution and, therefore, they have been declared P.W. 5 Laliya is the brother of the decease has been produced to prove the motive for the death of the deceased by the accused ing to this witness, the accused used to giings to his sister Smt. Laxmi, the comp which was made by the deceased before I ness and his parents sometime before the in P.W. 8 Bhanwar Lal is the Gram Sew Secretary, Panchayat Samiti, Positara, who wrote the report Ex. P-I and sent the same with] Ram (P.W. 1) at Police Station, Anadra also, a witness to the extra-judicial confession P.W. 6 Dharam Singh, P.W. 7 Padam Singh P.W.9 Chain Singh are the three police witness P.W. 6 Dharam Singh was a constable working the Crime Branch of the office of the Superintendent of Police, Sirohi, who received eleven packets from Padam Singh and after, checking seals and finding them intact, gave them to Singh Constable to hand them over at II Forensic Science Laboratory, Jaipur, for examination. P.W. 7 Padam Singh is the stable who, at the relevant time, was pc Police Station, Anadra, who took the sealed packets for FSL examination first to the office Superintendent of Police, Sirohi, and then Jaipur, where he handed-over the same in the State Forensic Science Laboratory. P.W. 9 Chain Singh is the investigating officer and the II of Police Station, Anadra, who registered F.I.R., conducted the investigation, arrested accused, prepared the site plan, site ins note and recovered certain articles and the presented the challan against the accuse 10 Dr. Narendra Kumar Mathur is the Medical Officer posted at Primary Health Centre, Reodar who conducted the post-mortem examine the dead body of deceased, Smt. Laxmi learned Sessions Judge after trial, found appellant guilty for committing the murder wife Smt. Laxmi and sentenced the ac appellant to undergo imprisonment for life and a fine of Rs. 200/- and in default of payment of fine to further undergo six months rigorous imprisonment. It is against this judgment dated April 11, 1985, passed by the learned Sessions Judge, Sirohi, convicting and sentencing the accused- appellant that the appellant has preferred this appeal.

(3.) The learned Sessions Judge, while convicting and sentencing the accused relied upon the evidence of the prosecution regarding the strained relations between the deceased and the husband (accused), which supplied a motive to the accused to commit murder of his wife. The learned Sessions Judge, also, believed the evidence regarding extra judicial confession made by the accused. The learned Sessions Judge, also, believed the recovery of Khunt at the instance and on the information furnished by the accused. So far as the circumstance that the clothes of the accused were found stained with blood is concerned, that circumstance was not relied upon ned trial Court in convicting and sentencing the accused.