HEMANT TRIVEDI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is preferred from Jail against the judgment dated 15. 9. 2000 passed by Additional Sessions Judge, Abu Road convicting the appellant of offence under Section 302 IPC and sentenced to imprisonment for life and to pay a fine of Rs. 2000/-; in default of payment of fine to further undergo three months rigorous imprisonment. He has also been convicted for offence under Section 201 IPC and sentenced to 3 years rigorous imprisonment and to pay a fine of Rs. 500/-; in default to further undergo one month rigorous imprisonment.

(2.) THE prosecution case as unfolded during trial is that the appellant Hemant a resident of Village Kojara, District, Sirohi lived with his sister at Bombay in the locality known as Naga Supra. He developed friendship with deceased Uma a neighbour working in a beauty Parlor. He made proposal for marriage with Uma to her mother P. W. 13 Anandi Devi. Agitated of cold response, he threatened to kidnape Uma. Soon thereafter both of them disappeared on 2. 3. 1998. No missing report was lodged. On 6. 4. 1998 both of them talked to P. W. 13 Anandi Devi on telephone and assured that they would be returning to Bombay soon. Both of them visited village Kojra in the month of March and stayed in the temple. THE family house in the village was made open and entry was made, after performing religious rites in presence of the sisters and other family members. THEy again visited the village in June and stayed in the house. THEreafter deceased Uma was not seen with the appellant. On 5. 07. 1998, Police receiving an information that a dead body wa lying the the Haveli reached on the spot. P. W. 1 Lal Shanker submitted a written First Information Report Ex. P78 to S. H. O. , Police Station, Pindwara stating inter alia that while it was raining at about 9. 00 A. M. , he claimed on the terrace of the house of the appellant Hemant to see the view of the tank. On the terrace, he found the ventilator of the room opened. He peeped into the ventilator of the room and found a dead body lying therein. He informed the police. THE police broke open the lack. THE dead body was highly decomposed condition. THE dead body was identified as the wife of appellant Hemant. On this information police registered as case for offence under Section 302 I. P. C. and proceeded with investigation. THE police prepared the inquest report and the site plan. Bangles and some other ornaments were taken from the body. THE appellant Hemant was arrested on suspicion. It is alleged that in pursuance of the information given by the appellant his own trouser stained with blood and ornaments of the deceased were recovered. THE statements of P. W. 2 Rajendra Trivedi and P. W. 8 Bharat Prabhu Lal were recorded under Section 164 Cr. P. C. After usual investigation, police laid charge-sheet against the appellant and one Puran Kumar (since acquitted) for offence under Section 302 & 201 IPC.

(3.) P. W. 9 Nilesh stated that he was known to appellant Hemant. He owned a house in village Kojra. He visited the village in the month of March along with a girl to whom he introduced as his wife named Uma. He also stated that he had contracted court marriage with her. He stayed there for about two days. Thereafter the couple left for the village Malgauv. He returned along with his wife and sisters. He again met him on 30. 03. 1998. He wife Uma was with him. Thereafter he had no seen Mst. Uma alive. Similar is the statement of P. W. 12 Raju P. W. 13 Mst. Anandi Devi is the mother of deceased Uma. She has stated that the appellant kidnapped her daughter Mst. Uma in March, 1998. On 6. 04. 1998 both of them talked to her on telephone. They assured that they will return to Bombay within 15-20 days. The statements of the witnesses leads to the irresistible conclusion that the deceased was last seen in the company of the appellant. Thus, the prosecution has succeeded in establishing the first circumstance of last seen.