MIRCHALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By his Judgement dated June 28, 1979 the learned Sessions Judge, Sri Ganganagar convicted the accused Mst. Mirchali under sections 302 and 201, IPC, and sentenced her to imprisonment for life with a tine of Rs. 1000.00, in default of the payment of fine to further undergo three months' rigorous imprisonment on the first and two years rigorous imprisonment with a fine of Rs. 500.00, in default of the payment of fine to further undergo one months' like imprisonment of second count; Substantive sentences were directed to run concurrently while those in default I of the payment of fine consecutively.

(2.) Succinctly stated, the prosecution case is that the deceased-victim Sohan Lal was the husband of the appellant. Both were living with their daughter PW 2 Pappi aged about 13-14 years in a Dhani raised in their field situate Chak-4 10 B. G. Rohi Gugiya Police Station Vijaynagar district Ganganagar. The victim got addicted to drinking. He used to beat the accused off and on and threatened her to bring another wife since no male child was born to her. This gave rise to strained relations between the husband and wife. In the night of Aug. 9, 1978, the deceased picked up quarrel with the accused. She struck blows of his head with a Kassi which resulted in his death. The accused thereafter dug a pit near her Dhani and burried the victim's corpse deep in it. On Aug. 10, 1978 the victim's father PW 3 Paras Ram who was living in Chak J.K.M. came lo the Dhani of the appellant and finding his son Sohan Lal missing, asked her about his whereabouts. She told him that her husband had gone towards Bikaner and Suratgarh where Fakir Chand (son-in-law of Parasram) had to attend a date of hearing in some Court. Parashram went to Suratgarh and contacted Fakir Chand and learnt from him that Sohan Lal had not reached. Paras Ram came back to the Dbani of appellant and told her that Sohan Lal had not reached Suratgarh. The appellant again told him that Sohan Lal had left the house telling her that he was going towards Bikaner and Suratgarh. Paras Ram went to his another son came back on Aug. 15, 1978 to the appellant's Dhani He again asked her about the whereabouts of his son Sohan Lal. The accused stuck to her earlier version but Km. Pappi told him that her father (Sohan Lal) had died on account of excessive drinking and her mother (accused) had burried him in the water channel running nearby. Paras Ram asked the accused to state true facts. Thereupon the accused also cold him that Sohan Lal bad died due to excessive drinking and that she had burred him in the water-channel situate nearby. Parasram went to contact the Sarphanch Manphool, (PW 1). He was advised to inform the police. Paras Ram trilok the accused with him and went to police station, Vijaynagar on Aug. 17, 1978 and lodged report Ex. P 21. The police started the proceedings under section 174, Cr. P. C. The Station House Officer Banarsi Das (PW 10) sought permission Rs.P. 24 from the Sub Divisional Magistrate, Raisinghnagar for the victim's body , being disinterred. He then came to the spot and at the accused's instance got the I victim's dead body disinterred from the water channel situate contiguous to her house. On the inspection of the dead body it appeared that injuries were caused to him on his neck and other vital parts. The Station House Officer suspected that the death of the victim was not natural. He, therefore registered a case under lections 302 and 201. I. P. C. against the appellant. The postmortem examination of the victim's dead body was conducted on Aug. 18. 1978 by PW 9 Dr. Suresh Sharma, the then Medical Officer In charge, Government Dispensary, Vijaynagar. He noticed the following ante-mortem injuries:

(3.) We have heard the learned counsel appearing for the appellant and the learned Public Prosecutor. We have also gone through the case file carefully.